95-12BURMA PRESS SUMMARYFrom the Rangoon "The New Light of Myanmar"Compiled for the Burma Studies Group by Hugh C. MacDougallPublished by the Center for East Asian and Pacific Studies,University of IllinoisVolume IX, No. 12, December 1995Table of Contents

POLITICALSlogans 2Political Articles 2Returnees from Bangladesh 6Special Refresher Courses 6National Races 6Michael Aris Arrives for Christmas 7NATIONAL CONVENTIONPlenary Session--Legislature 7Plenary Session--Executive 32Plenary Session--Judiciary 7586 NLD Delegates Ousted 103Rallies for Convention 103DIPLOMATICDiplomatic Calls 104New Ambassadors to Myanmar 105Myanmar Joins Drug Pact 105INTERNATIONAL COOPERATIONJoint Workshops & Projects 105Regional and Border Cooperation 106Social and Economic Cooperation 106Donations from Abroad 106FOREIGN VISITORSInternational Agency Visitors 107Cultural Visitors 108Medical Visitors 108Business Visitors 108Religious Visitors 110Media Visitors 110Brunei Communications Minister 110Czech Deputy Trade Minister 110Chinese Conference Chairman 110Israeli Agriculture Official 111Chinese Air General 111MYANMAR DELEGATIONSStudy Delegations 111Delegations to Meetings & Events 111Religious Delegations 112Gen. Than Shwe at ASEAN Meeting 112Sen-Gen. Than Shwe's ASEAN Speech 113Delegations Return 114MYANMAR GAZETTEAppointments 115Appointments Confirmed 115MILITARY Surrenders by Armed Group Members 115GOVERNMENTStatement on Human Rights 115ECONOMICEconomic Articles 117Trade Fairs 117Project Inaugurations 118Business Openings 118

Advertisements 119Foreign Investment Projects 120Business Courses 120Banking 120Food Prices 121Aviation 122Tourism 122Economic Organizations 122Jade Sale 122Rainfall in Yangon 122HEALTHHealth Articles 122World AIDS Day Speech 123Health Cost Sharing 124Health Research Congress 125SPORTSSports Articles 125Myanmar Teams and Officials 125Foreign Teams, Coaches, etc. 125Hole-in-One 125XVIII SEA Games 125Students Sports Festival 127CULTURALCultural and Scientific Articles 127Yangon University Diamond Jubilee 128Religion 129Publications 129Pakokku Literary Awards 130Computers 130Universities and Institutes 130MISCELLANEOUSSunday and Holiday Supplements 130Crime 132Anti-Narcotics Activities 132Marriage 132Obituaries 133Earthquakes 133

-------------------------------------------HIGHLIGHTS-- Plenary Session of the National Convention continued throughDec. 20, with presentation of proposal papers on the Legis--------------------------------------------lature, the Executive, andthe Judiciary; it then adjourned until Jan. 8, 1996. [full texts of"salient remarks" as published in NLM] [NATIONAL CONVENTION]-- 86 National League for Democracy delegates withdrew from thePlenary Session, and were ousted from the National Convention forbeing AWOL [full text--government statement]. [NATIONAL CONVENTION]-- Mass rallies in support of the National Convention held aroundthe country; some called for ostracism of NLD. [NATIONAL CONVENTION]-- Minister for Health describes Myanmar HIV/AIDS programmes.[HEALTH]-- Editorial: English language competence; growing use of Englishas language of instruction; English can only be learned from thosewho are fluent [full text]. [CULTURAL]-- Myanmar Statement in UNGA on draft UN Resolution on HumanRights in Myanmar. [full text]. [GOVERNMENT]-- Finance Minister issued guidelines for Joint Venture Banks inMyanmar. [ECONOMIC: Banking]-- SLORC Chairman addresses ASEAN Meeting [full text] [MYANMARDELEGATIONS]-- Daw Aung San Suu Kyi denounced, in name and by implication, forWestern connections [POLITICAL: Political Articles]-- Proposals for cutting and sharing health care costs [HEALTH]-------------------------------------------

POLITICALSlogans

The bottom of each front page continues to bear the slogan:Emergence of the State Constitution is the duty of all citizens ofMyanmar Naing-Ngan [reverted back from "Union of Myanmar."

The top of each back page usually bears the slogan: The Tatmadaw has been sacrificing much of its blood and sweat

to prevent disintegration of the Union. All nationalities of theUnion are urged to give all co-operation and assistance in this greattask.

Religious Slogans: Since August 1991, each issue has included achanging religious slogan at the top of each front page:

December 1-31: Santutthi ca, contentment; this is the way toauspiciousness.

The Twelve Objectives: Beginning July 6, 1995, each issue ofNLM lists the following, generally on the front page: Four political objectives* Stability of the State, community peace and tranquillity,prevalence of law and order* National reconsolidation* Emergence of a new enduring State Constitution* Building of a new modern developed nation in accord with thenew State Constitution---------------Four economic objectives* Development of agriculture as the base and all-rounddevelopment of other sectors of the economy as well* Proper evolution of the market-oriented economic system* Development of the economy inviting participation in terms oftechnical know-how and investments from sources inside the countryand abroad* The initiative to shape the national economy must be kept inthe hands of the State and the national peoples----------------Four social objectives* Uplift of the morale and morality of the entire nation* Uplift of national prestige and integrity and preservation andsafeguarding of cultural heritage and national character* Uplift of dynamism of patriotic spirits* Uplift of health, fitness and education standards of the entirenationPolitical Articles

Dec. 8: To err is human, by Pe Kan Kaung. ["Those having beenaway from the motherland for long, tend to forget how to speakMyanmar properly and this is a fatal mistake, especially for thosewho are engaged in the business of broadcasting. Yes! I now remember.There is a parallel broadcast agency set up in Yangon in competitionwith the Radio Myanma. It has a strange name. Shall we callit...er... "Radio Awgyawlan". Yes! Radio Awgyawlan, muttering so muchnonsense one would puke up." {Samples of errors in BBC broadcasts.}

[As for the Radio Awgyawlan in Yangon, it is in the habit ofairing all kinds of news which are incorrect from beginning to theend not through the broadcasting system but direct in the originalvoice. This evening (3 December) a very interesting news wasbroadcast in the listeners' questionnaire programme.

['-- people have to drink one bottle of congee at 3 kyats perbottle in Hlinethaya. Go and see for yourself if this is true or not.Another said it was 5 kyats per bottle of congee. The price hasrisen. I hadn't not [sic] heard about this for a long time. When Ifirst heard it, it was only 2 kyats. Since it is 5 kyats now, theprice is very high. If the public has to pay a very high price toeven drink congee then it is quite obvious what the economicsituation of the country will be. If one is to go and see for oneself

the situation there, it might be the case in which one will get"Htamane" instead of congee. If the people say that they can only getcongee, I fully believe this.'...

[I think one will realize how absurd and ridiculous the newsabout the rise in price of congee will be.... In Hlinethaya privateindividuals are using coal dust in making briquettes. In the process,congee is used as paste and those who produce briquettes buy thecongee by the bottle.... Moreover, instead of throwing away thecongee or giving it to dogs, people can earn extra income for buying(seasoning powder,) spices or pocket-money for their children. Infuture, congee will be sold in Myanmar only in dollars. Those inHlinethaya who hear that piece of news will surely be tickled pinkjust like this guy, Pe Kan Kaung....

[I am beginning to pity the group from Radio Awgyawlan who arefrequently making use of democracy in different versions of thethought that they are suffering from the Gobbles Effect ofInformation Minister Gobbles [sic] of Nazi Germany of Second WorldWar. What Gobbles said was, no matter how wrong you are if you keepon repeating it very loudly, it will penetrate the public ear and beaccepted as right...."]

Dec. 8: No connection between holding a dialogue and NationalConvention, by Maung Kyi Lin. [National Convention continuing despitewithdrawal of National League for Democracy delegates. "On 12 July,Daw Suu Kyi...is reported to have said that the National Conventionwas held only in name.... On 24th of that month, she said that U AungShwe and party were attending the National Convention...and that shedid not have the same opinion as them in attending the NationalConvention. Daw Suu Kyi, after a tete-a-tete with Ambassador of theUnited States of America to the United Nations Ms Madeline Albright,adopted a harsher attitude towards the National Convention...."Withdrawal of NLD delegates from the Convention.

["In appraising the step by step actions of Daw Suu Kyi and theNational League for Democracy, it will be vividly seen that as thebasic principles laid down by the National Convention are not inaccord with the attitude of their party they are to be removed; toform new delegate groups with delegates of their choice in order tobe able to lay down principles which are in accord with their party'spolicy.... Such attitude is aimed with a ill-premeditation to mar theon-going work of the National Convention...." The loss of theprivileges of the NLD delegates was their own doing.]

Dec. 10: Deceivers of the first water, by Pe Kan Kaung. ["Talksand lectures given by members of the '420' gang are so cleverly donewith different variations each week to deceive the people ofMyanmar.... In our country...there is a '420' gang which is leadingin trying to deceive others.... For instance, let us lie and say theNational Convention being held today is being convened without publicsupport...giving the reason that the group which had the support ofthe majority of the people, had abandoned the convention....According to {Election Commission Declaration No. 896} the partywhich won the majority of vote in our country got only 38.11366 percent of votes out of those eligible to vote.... Now that mass ralliesto express public support for successful completion of the NationalConvention are being held in the various states and divisions, the'420' gan got a strong blow in the belly.... They began to tell liesthat the public attended the rallies because they did not want to paya fine of 50 kyats each. They even tried to give proof to this. Theysaid that this was reported to the chief of their gang by a person ofMonywa.... I had to say that they were merely lying. As it is aletter written about the event that this took place in Monywa on 2December morning and arrived with foul air programme in the eveningof 3 December, we must take credit that the postal service in ourMyanmar does not rest even on Saturdays and Sundays and is veryefficient.... They are indeed very clever.... I...would like tobestow gifts on them this time for being very smart in telling liesand bestow the title 'Deceivers of the first water.'"]

Dec. 11: Like the case of Nga Phyu and Ma Metu, by U Pye Gyaw.

[Having accepted the principles of the National Convention, andparticipated in it, it is wrong for the National League for Democracyto back out now. It is like the case of Nga Phyu, who married "a veryblack woman", Ma Metu, and three years later demanded a divorce. "TheJudge ruled that the couple had been man and wife for three years inspite of Ma Me Tu's being very black, adding that it would beillogical to divorce only then for her being very black. So, thejudge announced Nga Phyu loser in the case."]

Dec. 12: Dancer of seven variations, by Sithu Nyein Aye.[Allegory of a girl who didn't like a dance with seven differenttunes. "Now also, some of the foreign countries are playing differenttunes for Myanmar Naing-Ngan. They are laying a path of sending andreceiving malicious rumours intent on agitating and causing unrest inthe country. Although the Government is not arresting any one, theyare writing that separate wards in Insein Jail are being cleared asthough thousands of the people will be arrested soon. They also soundthe tune that if the people do not get on the streets and oppose thegovernment effectively, then the names of leaders of politicalparties will lose face.... No matter what kind of tune they play, theNational Convention will dance to its own tune and keep going on withmuch dignity...."]

Dec. 13: Sein and its companions, by Maung Thiha (Dagon).[Denunciation of those {National League for Democracy} delegates whowalked out on the National Convention. "I remarked that those whotarnished or disparaged the national political duty which we areshouldering for the country are our enemy.... So, what all NationalConvention delegates and all the people must be aware of is tocooperate to prevent and contain a situation in which stability ofthe State and peace and tranquillity might be marred by subversiveand instigative acts of a force opposing the National Convention."]

Dec. 18: Myanmar--from Asia to the world, by Tekkatho Tin Kha.[Myanmar support for the Five Principles of Peaceful Co-existence,and good relations with ASEAN.]

Dec. 19-20: Easy to mar, hard to make, by U Phyo. [Cont. (11)"At the roadside question-and-answer session in the evening of 8-10-95, when shameless abhijjas were told, 'K 110,000 reluctantly donatedfor appearing on the TV screen or for other reasons will have noeffect, it should not be done and it is waste of money; it is ademerit, don't do it, don't give; all the people must refuse to give(applause). In soliciting for donations, those who only wish todonate are to respond. Ask them whether they are solicitors fordonations or robbers; if they happen to be solicitors for donationsexpress an apology and tun them away, and if they are robbers callthe police.'..." Donating to causes is an ancient tradition.

["Just observe that slanderous group. When they were takingpart in the discussions of the National Convention, they had beenable to enjoy good rice and sumptuous dishes daily.... After leavingthe National Convention on 28-11-95, over 80 delegates were said tobe in difficulty trying to feed themselves.... It is said one pieceof dried fish and four pyis of rice are being distributed to each ofthem [by the NLD]. This is donation....

["I am worried about the lady who advocated lawless acts. Isshe not afraid of hell? She suggested calling the police if theyhappened to be robbers. We must thank her for not saying call CIA.She relies too much on the West. Much of Western blood may have beendeposited in her. They way she thinks and the way she talks isinfluenced by the West. She takes pains in reporting the internalissues to the West though she was the cause of all that. AmbassadorAlbright, a representative of a leader of the Western bloc, isgetting exhausted in being engaged in anti-Myanmar activities. Shehas been so because she is too earnest in antagonizing and fault-finding. That person's getting very tired and very anxious to theliking of destructionists underground and expatriate beggars, and noattention is being paid to her by our farmers.

["Along with so much criticism as to have been made by DawAlbright on the Government of Myanmar at the UN Third Committee

meeting, there emerged concocted accusations and criticisms to causethe play rolling [sic]. These accusations and criticisms went on airon 145 MHZ in the skyful-of-lies programme of VOA at 6.15 pm on 13December.

["It was said in Daw Albright's accusation to the effect, "Our(Daw Albright's) government is much concerned about branding Daw SuuKyi and her supporters traitors and some words that those whocriticize the National Convention will be removed." Who said, where,that those who criticize the National Convention would beremoved?.... I would like to suggest that democracy or human rightsshould be, as required, in proper measure in fitting places inMyanmar."

[(12) "Today, a tug-o'-war has broken out between thesubversive force and the constructive force." Pulling the NLDdelegates out of the National Convention was "an unscrupulous actdesigned to cause disruption of the National Convention. But theNational Convention was not disrupted ...." It is the Convention thatis leading to democracy. Puppets like Madame Nhu in Vietnam try todisrupt things.]

Dec. 19: Ten nations, one voice, by Tekkatho Tin Kha. [ASEANmeeting, attended by SLORC Chairman Senior General Than Shwe,continued. Extracts from speeches.]

Dec. 22-25: Wrong perceptions, thoughts and deeds will plungecountry's history into quagmire, by Pe Kan Kaung. [(1) Need forpatriotism. Evils of British. Patriotism of Queen Su Phaya Lat, queenof King Thibaw. Some people say current patriotic campaigns aim atestablishing racism. Dictators often use nationalism and racism. "Iwould like to give a piece of advice. Those responsible for thematters concerned are -- 'Not to forget the rule of scrutinizing tosee whether the writing contain any political, ideological andpersonal propaganda for local and foreign organizations'...." (2)Dangers to sovereignty, and need for patriotism by the people. Recenteconomic progress in Myanmar. (3) Importance of serving nationalinterest. (4) National objectives.]

Dec. 25: Cape Bayintnaung, an epitome, by Tekkatho Tin Kha.[What the British called Cape Victoria, in extreme southern Myanmar,has become Cape Bayintnaung, and a statue of him erected.]

Dec. 28: People who lift others with sharp instrument, byByatti. [Former "political prisoner" tells how he and others were"always the top layer" in prison, never tortured, waited on by otherprisoners, given comfortable quarters, continued their politicalactivities, "took drugs and smuggled in pornographic books andresorted to indecent acts using the bottom of glucose bottles andthis spread not only among the youths but also to therepresentatives," and generally carried on. Now people await therelease of prisoners in the 1996 contingent under the Declaration No.11/92. "They are fearing that due to behaviour of those who have beenfreed before and the acts of some of the people, they may not bereleased. Or will the yearly arrangements for release of prisoners bepostponed due to the demands made by the sayagyi.... In taking partin politics please don't behave like children and please heed thetrue voice of the people and study the right ideology within theparty and so on ... ...."]

Dec. 30: Inheritance of Independence to be safeguarded bygenerations, by Kyi Win Nyunt. [Patriotic exhortation.]

Dec. 30-31: Erasing with their feet what was written with theirhands, by Kaytu Nilar. [(1) The National League for Democracy. "Isn'tit so that today, their leader is acting like a roadside magician andtricking the people? She, the only persons [sic] who dislikes theNational Convention, which is being supported by the entire nationand participated by the representatives of her party who believed andcooperated in it, said changes must be made and she does not have thesame opinion as the delegates of her party and that the NationalConvention is only for the name sake. She made such bad remarks andgroundless criticism. At the same time she criticized usinggroundless words to demean the efforts being made by the State and

the Tatmadaw in political, economic and social spheres. Suchbehaviour smacks that [sic] of a very stupid woman who goes fromhouse to house gossiping. Similarly, some of the party members arealso saying that international companies which believe in the market-oriented economy and are making investments in the country are allrubbish and not to think of highly them [sic] and that they aremerely roadside brokers who have come to make investments and thereal companies have not come as they do not believe in it. To whatcategory will such politicians, who make such criticism belong to.What is worse is that having heard faintly the rumours spread thatcongee is being sold in bottles for use in making briquettes, theirleader without studying anything or thinking carefully criticizedjust for the sake of criticizing by saying that people are starvingand having to drink congee. What would be the feeling of theinternational group of sayagyis, who very generously conferred titlesand award on her when they hear about this? As for the people ofMyanmar is will be the 'pyetlone' (joke) of the year for 1995. It iscalled pyetlone because it is a word aimed at disintegration 1 [sic]to the State. Some party members also criticized the traditionalregatta festival and equestrian festival, which are being held by theState to preserve national culture and to revitalize patriotism, bysaying that while other countries are making efforts to produceaircraft faster than sound, rockets and satellites the Nawata isgoing back to boat and bullock-cart ages....

["What we find today is that decision to the send [sic] aproportionate number of delegates to the National Convention andcooperating at the tasks, which was laid down at the plenary meetingand Central EC meeting of their party, and there is reason now to askif this decision is now disliked by a single leader of the party inaccordance with the voice from abroad and the attitude that she isnot in agreement with this matter, had been completely cancelled dueto a single influence and single order which has taken root in thatparty. I dare say that a political party in which dictatorship existcan never establish a true democratic country. In words it is shouteddemocracy but in deed it is mere dictatorship and the majority of themembers of the party may not be aware of this."

[(2) National League for Democracy compared with BurmaCommunist Party as dictator-run organization.]Returnees from Bangladesh

[Articles reporting the return of refugees from Bangladesh listthe cumulative total since Sept. 22, 1992. Not all returns arereported in NLM, as the discrepancy between specific reports and therunning total sometimes indicates.]

Dec. 2: 47 persons from 9 households returned to theKayinchaung camp on Nov. 28, bringing the total to 194,756. (NLM 12/3)

Dec. 4: 189 persons from 33 households returned to variousreception camps on Nov. 29, bringing the total to 194,945. (NLM 12/5)

Dec. 6: 71 persons from 14 households returned to variousreception camps on Dec. 5, bringing the total to 195,016. (NLM 12/7)

Dec. 12: 205 persons from 38 households returned toKanyinchaung camp on Dec. 7, bringing the total to 195,221. (NLM12/13)

Dec. 18: 248 persons from 50 households returned to variousreception camps on Dec. 14, bringing the total to 195,505. (NLM12/19)

Dec. 19: 172 persons from 31 households returned to theKanyinchaung camp on Dec. 15, bringing the total to 195,677. (NLM 12/20)

Dec. 26: 258 persons from 47 households returned to variousreception camps on Dec. 21, bringing the total to 195,935. (NLM12/27)

Dec. 27: 132 persons from 19 households returned toKanyinchaung camp on Dec. 22, bringing the total to 196,167. (NLM12/28)

Dec. 28: 140 persons from 26 households returned toKanyinchaung camp on Dec. 26, bringing the total to 196,207. (NLM12/29)Special Refresher Courses

Dec. 11: SLORC Secretary-1 Lt-Gen. Khin Nyunt addressed theconclusion of Special Refresher Course No. 20 for Basic EducationTeachers. He defended the National Convention, despite the withdrawalof the National League for Democracy. (NLM 12/12)

Dec. 26: Special Refresher Course No. 7/95 for Myanmar PoliceForce Officers opened, and was addressed by Minister for Home AffairsLt-Gen. Mya Thin. He said the first course was in 1993; that eachcourse trained 250 trainees. The present course is being attended by185 police officers, 50 members of the Bureau of SpecialInvestigations, and 10 from the Prisons Department. "He said the aimof the course is to make the officers realize the tasks and projectsbeing undertaken by the State Law and Order Restoration Council, tohave correct outlook and thinking power and provide efficientleadership." (NLM 12/27)National Races

Dec. 5: SLORC Secretary-1 Lt-Gen. Khin Nyunt met with ShanState local national leaders U Phon Kya Shin, U Phon Kya Phu, U YangMoe Lyan, U Yang Moe Am, U Mon Hsa La, U Li Nyi Mint and U Aik Kyawat Shweli Yeiktha, North-East Command, in Lashio, and "discussedstability, regional development and drug eradication in Kokang andMongko regions." After visiting other Lashio projects, he flew on toLoikaw, Kayah State. (NLM 12/6)

Dec. 7: SLORC Secretary-1 Lt-Gen. Khin Nyunt arrived in Lashioon Dec. 6. On Dec. 7 he met with the local national leaders [same aslisted above] to discuss regional development and drug eradication.In the evening he returned to Yangon. (NLM 12/8)

Dec. 9: SLORC Secretary-1 Lt-Gen. Khin Nyunt received nationalleaders U Za Khun Ting Ring of Kachin State Special Region 1, U PauYu Cheng of Shan State (North) Special Region 2, and U Sai Lin ofShan State (East) Special Region 4. (NLM 12/10)

Dec. 10: SLORC Chairman Senior General Than Shwe gave guidanceto trainees at the University for Development of National Races [fulltext in NLM]. (NLM 12/11)

Dec. 10: SLORC Secretary-1 Lt-Gen. Khin Nyunt met with nationalleaders U Sai Nong of Northern Shan State Special Region 3, U MahtuNaw of Northern Shan State Special Region 5, U Aung Hkam Hti ofNorthern Shan State Special Region 6, and U Aik Mon of Northern ShanState Special Region 7. (NLM 12/11)Michael Aris Arrives for Christmas

Dec. 18 [full text]: Daw Aung San Suu Kyi's family arrives. DawAung San Suu Kyi's British husband Dr. Michael Vaillancourt Aris whois resident in London, and their son Kim Arundel Aris arrived here byThai Airways at 3.40 pm today for the Christmas family get-together.Kim's friend Robert Cornell Foreman also came with them. [photo] (NLM12/19)NATIONAL CONVENTIONPlenary Session--Legislature

Nov. 29 [Continued report of papers presented on the second dayof the Plenary Session]: Proposal paper on Legislature from the StateService Personnel delegates group [full text of "salient points" aspublished in NLM]:State service personnel

Lt-Col. Thein Tun of State service personnel delegate groupsubmitted a proposal paper compiled by the group on facts whichshould be included in detailed principles to serve as bases in thechapter the Legislature.

He said that included in the 104 fundamental principles alreadylaid down are six principles concerning the Tatmadaw of which thethree very important responsibilities are:

(1) the Tatmadaw has the right to administer forparticipation of the entire people in State security and defence;

(2) the Tatmadaw is mainly responsible for safeguarding non-disintegration of the Union, non-disintegration of nationalsolidarity and perpetuation of sovereignty;

(3) the Tatmadaw is mainly responsible for safeguarding theState Constitution.

He commented that for the Tatmadaw to be able to dutifullydischarge tasks assigned by the Constitution, Tatmadaw members needto participate in the national political leadership role. Nationalpolitics involves:

(1) providing deterrence and defence against all threats anddangers which may befall the entire nation and the entire people;

(2) and if and when actual dangers befall they will beconfronted, overcome and removed;

(3) projects and programmes which will be of benefit to theentire people will be laid down and implemented;

(4) in particular, efforts will be made to achievepreconditions which can ensure the safety and perpetuity of nationalIndependence and national sovereignty; and,

(5) cohesive solidarity and unity of national races will beestablished and preserved.

The points were pointed out by the Chairman of the NationalConvention Convening Commission as national political tasks in hisaddress on 9-1-93.[National political tasks]

In view of the national political tasks, it will be found thatthey are affairs of the entire nation and all Myanmar nationals musttake part to carry out them [sic], he said. Duties to be implementedunder projects for economic, social, administrative and securityaffairs and for sufficient provision of food for the Myanmarpopulation are to be shared among all Myanmar nationals, hecommented, adding these duties are to be carried out with thecooperation of the people, the Tatmadaw and political organizations,and especially experienced organizations with fine historicaltraditions are essential for deterrence of and defence againstdangers that might befall the entire nation. He spoke of a historicalevent in 1885 when independence was lost as a result of inability todefend the entire nation against colonialists' threats and said it isfound that it is necessary to give national political leadership tothe Tatmadaw which fought for regaining independence, constantlytaking a flaw in the past into account, which has consistentlysafeguarded independence and which has constantly kept watch ofMyanmar affairs as a sentry of history. However, he said, as theTatmadaw is not a political organization, it should not be assignedas a representative to be elected and spoke of the Tatmadaw as onewhich led the people in fighting for regaining of sovereignty, whichstood in the forefront of the people in dislodging externalinvasions, which stood in the forefront of the people in quellinginternal insurgency and which contained situations when disturbancesand riots reigned the entire nation and community peace andtranquillity and rule of law were lost. So, he said, history standsproof to the Tatmadaw's not only leading and facing dangers thatbefell the people but also serving as the people's representatives.

The science of compiling military appraisal projects, orappreciation of dangers that might befall the nation, administrativeexperience gained when faced with dangers that befell the nation andmilitary, organizational and administrative experience by whichsecurity of the nationals was managed are qualities of the Tatmadawmembers who have underwent numerous training courses and militaryoperations.[Selection of Tatmadaw representatives]

Hence, participation of Tatmadaw members in the national

political leadership role has come about as a requirement whichshould be fulfilled by means of the system of nominating by theDefence Services Commander-in-Chief who is capable of assessing thequalities of and selecting Tatmadaw members, rather than by means ofelection, or in other words, there is no other means exceptnomination of persons of the Tatmadaw who should be assigned by theDefence Services Commander-in-Chief who is the head, and also like aparent, of the Tatmadaw.[Defence and Security Committee]

He proposed that the Defence and Security Committee be formedwith the Tatmadaw members after prescribing its term when there comesabout a cause to submit matters concerning the Tatmadaw in additionto defence and security matters, giving a reason that it is needed toconform with six principles, concerning the Tatmadaw, out of the 104fundamental principles already laid down to serve as bases.

The directly related fundamental principles, out of the sixprinciples, are:

(1) the Tatmadaw has the right to administer theparticipation of the entire people in State security and defence;

(2) the Tatmadaw has the right to independently administerall affairs concerning the forces.

According to the fundamental principles, it is found thatdefence and security and Tatmadaw matters have been completelyassigned to the Tatmadaw, he said.[Military courses]

Concerning the matter, he said the Tatmadaw members of theArmy, Navy and Air have to attend courses for skills in handlingweapons such as the platoon weaponry course, the sharp shooter coursefor other ranks/officers, 75-mm launcher/medium-machine course [sic],artillery platoon commanders course and artillery battalioncommanders course, etc., in addition to the 12 courses he cited --the course for recruits, the course for new corporals, the course forlance corporals, the course for sergeants, the course for warrantofficers, the under-officers course, the Officers Training Course,the course for platoon commanders, the course for company commanders,the course for battalion commanders, the Command and General StaffCollege course and the National Defence College course.

In addition to these courses, they have to attend other courseswhich contribute to enhancing administrative and organizationalpower, he said, adding all the periods of courses total 5 to 10years. He remarked that thanks to training at the courses, they arealready skilled in selecting and deciding modes of operation as howto manage defence and security matters, how to manage in times ofemergency, how to manage in crucial times and how to manage in timesof fighting enemy. He proposed that necessary formation in thesecurity and defence matters, prerequisite for perpetuation ofsovereignty, be made with Tatmadaw member Hluttaw representatives whohave been properly trained. (NLM 12/1)

Nov. 30: The Plenary Session of the National Conventioncontinued into its third day, with 540 out of 591 delegates present.[Note: because of the withdrawal of the National League forDemocracy, the total number of delegates has been reduced -- HCMacD.]The presentation by the State service personnel delegates group wasconcluded. It was followed by proposal papers from the Other InvitedPersons group, and from five political parties [full texts]:

U Soe Win, State service personnel delegate of the Ministry ofLivestock Breeding and Fisheries submitted the remaining part of theproposal paper.[Census opposed]

He said that if census is taken only after the NationalConvention with the formation of a commission, it will take long andnational unity may be harmed due to the instigation of elements withill attitude from within and without the nation and moreover,unforeseeable ill effects may occur. He cited and extract from thecommission report submitted after making enquiries over the right toregional autonomy in 1952.

It was stated to the effect that in history, Myanmar nationals hadsuffered loss of the nation and independence due to territorialdisputes and racial conflicts; the entire nation had fallen under thealiens without any major differences and only due to pride andprejudice held by one racial group over another; the nationals hadlived humbly in a slave nation under aliens without independentlyenjoying human rights in such affairs as economic and educationalaffairs; independence was now regained as unity was shown by thenational races keeping differing opinions aside; intimidationsgrowled out from all sides by the enemy who would swallow us could beheard as signs of disintegration of national unity could be seen; itwas certain that the race and the nation would be lost again if smallracial groups which has smaller manpower and economic and educationalstrength by world standards, behaved as strangers, without showingtrust, reliance, respect and love in dealing with one another likeown brothers and sisters born of the same parents; and newly regainedindependence and the nation would not be lost when all the nationalswere united and strove all-out in accordance with geo-politics andunder international situations.

So, he said, it is to proceed with vigilance over actions ofinternal and external elements everytime unity is weak, adding todayis a time when elements who do not bear to see national unity areinstigating the people employing all means. He said that in theinternational scene, brazen interference of big nations in theinternal affairs of nations with small 'national power' by political,economic and military means on various pretexts can be seen. Heproposed that population ratios be reckoned based on facts and datapresented by the National Convention Convening Work CommitteeChairman and the fundamental principles already laid down, instead ofgoing about by formation of a commission the process of which willtake long.[Qualifications of legislators]

He suggested that qualifications of the representatives shouldbe prescribed in forming legislative Hluttaws and said the membermust have completed 25 years of age, sufficient for experience andgeneral knowledge, be a Hluttaw representative born of parents bothof whom are Myanmar nationals and have resided in the nation for atleast 10 consecutive years so as to be a person who has not lostsight of events in the nation. He said prescribing 25 years for theage of a Hluttaw representative is suitable as a person in Myanmarcan be a graduate at 22 or 23 and even if the person is not agraduate, he or she at that age can be assumed to have gained fair,proper experience and knowledge and in addition, to have reasoningpower over the present, the past and the future. If he assumesnational duties at this age, he will have become a well-trained,experience person at about 50 when he assumes the highest duty. Indiscussing another point, he said the fact that the person must beborn of parents both of whom are nationals is based on the belief 'aperson will love the race only if he or she is a true descent.' [sic]He spoke of Myanmar having a population of about 44 million on anarea of 26,000 square-miles and said it is needed to rally strengthonly within for the nation to be able to stand tall among neighbourswhich have populations of hundreds of thousands of millions. Hebelieve that a person born of parents, who are nationals, would lovemotherland Myanmar and safeguard race, language and religion. Heattributed perpetuation of the race of Myanmar since Bagan Period tohaving been able to safeguard race, language and religion insuccessive eras, saying the prescribing 'the representative must beborn of parents both of whom are nationals' will contribute toperpetuation of sovereignty.

Concerning the fact that the representative must havecontinuously resided in Myanmar for at least ten years', he said heor she, as a Hluttaw representative, needs to know the entire courseof events in Myanmar and suggested a term "achaycha nayhtaingthu"(continuous settler) and the Hluttaw representatives are required totake interest in Myanmar nationals and to be serving their welfare

with all their physical strength and intellectual power. Only thenwill the selection of Hluttaw representatives, who will givedecisions on behalf of Myanmar nationals, be definite. He saidprescribing as a continuous settler is also contributory toperpetuation of sovereignty and also in accord with the fundamentalprinciple 'The President of the Union shall be a person who has beenresiding continuously in the country for at least 20 years up to thetime of the election'.

He said detailed fundamental principles concerning structure,rights and responsibilities, terms, prescribing of qualities andconditions had been suggested based on facts already submitted. Hewished for the united, harmonious participation of persons who strivefor bringing about welfare of the nation and nationals and who lovethe nation, persons who will build the nation and persons who willdefend the nation and for emergency of Myanmar as a peaceful, modern,and developed nation.Other invited delegates

Member of the Myanmar Language Commission Daw Myint Than, adelegate of other invited persons group submitted the proposal paperof the group in connection with the structure of the legislature.

She said the delegates group as required by National Conventiondelegates had taken into account and followed the speech given at thePlenary Session of the National Convention on 2 September 1994 byChairman of the National Convention Convening Commission Lt-Gen. MyoNyunt who spoke of the need to bring about change in social systems,administrative systems and so forth, right from the base inconformity with significant and massive changes in the political andeconomic systems in the State and said emergence of a newconstitution was in real need.

Concerning election of Pyithu Hluttaw representativestownshipwise she said a representative each should be elected fromtownships which have a total population of 300,000 or more. In sodoing, she said, it should be stipulated that the number ofrepresentatives should not exceed 330. If there is the need to electmore representatives to get that number, it should be prescribed inaccord with the election law to elect the required number ofrepresentatives by electing one more representative from eachtownship which has a total population of more than 300,000; thisshould be done so starting from the township which has the largestnumber of population, she noted.

She said the following principles should be laid down as bases:(a) Pyithu Hluttaw is to be constituted with the maximum 440

representatives,(b) no more than 330 representatives elected on the basis of

population are to be included in the Pyithu Hluttaw, and(c) no more than 110 Tatmadaw servicemen representatives

nominated by the Defence Services Commander-in-Chief are to beincluded.[Amyotha Hluttaw]

In connection with the organization of the Amyotha Hluttaw, shesaid it should be constituted with equal number of Hluttawrepresentatives elected from the Regions and States, and Tatmadawservicemen representatives nominated by the Defence ServicesCommander-in-Chief should also be included. She said the number ofAmyotha Hluttaw representatives should be prescribed after takinginto account of the number of Pyithu Hluttaw representatives. If thenumber of Pyithu Hluttaw representatives is prescribed as 440, thenumber of Amyotha Hluttaw representatives should be somewhere around220, she said. Tatmadaw servicemen representatives are to be includedin proportion to that number, she added. She also said thatparticipation of national races should be allowed as much aspossible. She said that Amyotha Hluttaw representatives elected fromthe self-administered divisions and self-administered zones should bepermitted to participate in the Amyotha Hluttaw. Then only would theybe in a position to present their affairs to the Amyotha Hluttaw. She

then said:-- the Amyotha Hluttaw shall be constituted with a maximum

Hluttaw representatives as follows:(a) a total of 168 Amyotha Hluttaw representatives are to be

elected from the Regions and States -- 12 representatives from eachRegion or State; for Regions or States with self-administereddivisions/zones, one representative shall be elected from eachdivision/ zone.

(b) a total of 56 Amyotha Hluttaw Tatmadaw servicemenrepresentatives nominated by the Defence Services Commander-in-Chiefare to be elected from the Regions and States -- four representativesfrom each Region or State.

The second part of the group's proposal paper was submitted byU Haw Law Gyi.[Region/State Hluttaws]

He said the Region Hluttaws and State Hluttaws would have tointroduce necessary laws exercising powers invested by the StateConstitution. In connection with the election of representatives tothe Region or State Hluttaws, he said it would be appropriate toelect two representatives from each township of the respectiveRegions or States. There would be three categories of representativesto be included in the Region or State Hluttaws. The first categorywould be those to be elected by the prescribed constituencies in theRegions or States, the second Tatmadaw servicemen Hluttawrepresentatives nominated by the Defence Services Commander-in-Chief,and the third national race representatives elected among thenational races which have appropriate size of population residing inthe Region or State concerned.

Tatmadaw servicemen Hluttaw representatives nominated by theDefence Services Commander-in-Chief should include one-third of theelected Region/State Hluttaw representatives or one-fourth of thetotal Hluttaw representatives.[A different Shan State proposal]

In connection with the legislature, he cited significant pointsproposed by the leader of the Northern Shan State special area-7 asfollows:1. Powers should be distributed and invested in the PyidaungsuHluttaw and Region and State Hluttaws after thorough consultationsand after objectively scrutinizing the benefits of the Regions,States and self-administered areas of the Union of Myanmar. Theseshall be prescribed in the State Constitution.2. National brethren reside in almost every township and atownship which has a population of up to 100,000 should have theright to elect one representative each according to the wishes of thetownship's residents. One more Pyithu Hluttaw representative is to beelected from each township the population of which exceeds 100,000starting from the township which has the largest number ofpopulation.3. Pyithu Hluttaw shall be constituted with a maximum 500 Hluttawrepresentatives --

(a) not more than 400 Pyithu Hluttaw representatives electedon the basis of population,

(b) not more than 100 Tatmadaw servicemen Pyithu Hluttawrepresentatives nominated by the Defence Services Commander-in-Chief,

(c) the number of representatives elected according to thewishes of the citizens and that of Tatmadaw representatives nominatedby the Defence Services Commander-in-Chief should be included in thePyithu Hluttaw in the ratio of four to one.4. Amyotha Hluttaw shall be constituted with

(a) a total of 210 Hluttaw representatives -- 15representatives elected equally from each Region or State includingone representative elected from each self-administered division orself-administered zone in the respective Regions or States,

(b) a total of 42 Tatmadaw servicemen Amyotha Hluttawrepresentatives nominated by the Defence Services Commander-in-Chief-- three representatives for each Region or State.

[A different Kachin State proposal]He also cited significant points in the proposal of the Kachin

State Special Area-1 as follows:1. The term of the Hluttaw constituted with equal number ofrepresentatives from the Regions and States, it is suggested, will beappropriate to be called "Lu-myo-su Hluttaw or Taing-yin-tha-myaHluttaw". It is agreed to the English term of "House ofNationalities".2. It has been suggested that representatives of peaceorganizations or Special Areas that have emerged during the time ofthe State Law and Order Restoration Council Tatmadaw Governmentshould be permitted to participate in the legislature of the Regionsor States concerned.[More Shan State proposals]

A significant point of the proposal presented by a leader ofNorthern Shan State Special Area-1 was also cited thus:

Both the number of Tatmadaw representatives and nationalraces delegates in the two Hluttaws should be increased.

Similar points of the leader of the Northern Shan State SpecialArea-2 were: -- The need for the Tatmadaw to be able to participate in thenational political leadership role of the State is understood andsupported observing the historical development of the Union,aspirations of the national peoples, the traditions of the Tatmadawand current internal and external conditions. Hence, in connectionwith legislature it will be more appropriate and justifiable to electTatmadaw servicemen representatives and assign duties to them atdifferent levels of the Hluttaws to get the stipulated number insteadof appointing them. -- Concerning legislature in the Regions, States, self-administered divisions and self-administered zones, they should havethe right to introduce laws, based on the Constitution, relevant tothe respective areas respecting traditions and customs and specialfeatures of the national peoples especially those in the self-administered divisions and self-administered zones.[Tatmadaw representation]

A significant point in the proposal of U Ko, a delegate of theother invited delegates group, is: -- There were 12 provisions from (a) to (l) barring those frombeing elected to the Pyithu Hluttaw. They include one provision (j)any person who is (nai-bet wundan) civil servant. Civil servantsshall have no right to stand for election as Pyithu Hluttawrepresentatives. Instead of 'nai-bet-wundan', it will be morecomprehensive and meaningful to use the term 'naing-ngan wundan'(State service personnel), and as such the term 'naing-ngan wundan'should be used in (j). It would be more appropriate as the term willcover all the State service personnel. Tatmadaw servicemen who alsoare State service personnel will be covered by the term.

Although the Tatmadaw servicemen are State service personnel,they are to carry out duties in the Pyithu Hluttaw, Amyotha Hluttawand Region/State Hluttaws as Tatmadaw servicemen representativesnominated by the Defence Services Commander-in-Chief; they should notbe covered by the provision barring State service personnel frombeing elected as Pyithu Hluttaw representatives. Tatmadaw servicemenrepresentatives are to serve at the respective Hluttaws as Tatmadawservicemen and they should have the right to carry out duties of theTatmadaw as necessary. Since Tatmadaw servicemen Hluttawrepresentatives should not be covered by the term State servicepersonnel, exception should be included.[Conclusion]

In conclusion, he said the principles just submitted areindispensable for the legislature of an enduring Constitution. Hesaid the group obtained the principles after compiling 20 papers andconsulting 10 times. These basic principles would contribute toensuring the rule of law and order and peace and tranquillity in thefuture State, he said.

Union Pa-O National OrganizationU Khun Sein Win of Union Pa-O National Organization said the

Hluttaw elected on the basis of population should be called PyithuHluttaw, the Hluttaw elected with equal numbers from regions andstates should be called Amyotha Hluttaw; the Pyithu Hluttaw and theAmyotha Hluttaw combined should be called Pyidaungsu Hluttaw;

Pyithu Hluttaw should at least be formed with 330 personselected on the basis of township and population and 110 Tatmadawmembers nominated by the Commander-in-Chief of the Defence Services;the total 440 is in harmony with the population of the country;

Amyotha Hluttaw should be formed with half the number ofmembers of Pyithu Hluttaw or 224 at most; it should include 168 -- 12from each of the 14 regions and states, which should include one fromeach self-administered division or zone -- and 56 nominated by theCommander-in-Chief of the Defence Services, that is four from each ofthe 14 regions and states;

Each Region or State Hluttaw should have two members from eachtownship; among members of each Region or State Hluttaw, one fourthshould be Tatmadaw members nominated by the Commander-in-Chief of theDefence Services, and there should also be representatives ofnational races with appropriate sizes of population;

So a basic principle should be laid down that each Region ofState Hluttaw should be formed with two persons elected from eachtownship, one elected from each national race that has a populationthat is 0.1 per cent or more of the total population, and Tatmadawmembers nominated by the Commander-in-Chief of the Defence Services.Shan State Kokang Democratic Party

U Khaung Daing of Shan State Kokang Democratic Party said thatdue to State leaders keeping constant watch of the internal andexternal situations and acting accordingly, and also due to genuinedemocracy loving people participating actively, the Union of Myanmarchanged over from one-party rule to multi-party democracy withoutdisintegration, scoring a first in the world; no other socialistcountry in the world had been able to do so like that; it is ahistoric feat all the people of the Union must feel proud of; it cameto such a situation that the nation could not be left unpraised anymore; after the change had been brought about in our country, manyother countries formerly under one-party rule are having onegovernment after another falling and still having to move on tomulti-party democracy; it was as though our country was in theforefront in the developments in the world; but, without beingcontented or conceited with that, we must keep on striving to catchup with advancement of the world nations;

In the political history of our country, he said, the nationhad regained Independence because of united endeavours of politicalforces, student organizations, peasant and worker organizations,sasana organizations, national races, the entire people and Tatmadawmembers all together, and so the Tatmadaw together with the peoplemust have a right to participate in the national political leadershiprole of the future State.

He said the matter was being presented out of goodwill to haveTatmadaw members participating one way or another; the abilities of aTatmadaw member would remain the same whether he stood for electionor not; for qualified Tatmadaw members especially votes would be castby their party and the entire Kokang people all the more; just as itwould not do without the participation of Tatmadaw members foremergence of the future democratic State, endeavours must be made byall the citizenry.

As regards matters concerning functions of Pyidaungsu Hluttawchairman and vice-chairman, chairmen and vice-chairmen of PyithuHluttaw and Lumyosu Hluttaw, election of temporary chairmen, chairmenand vice-chairmen of State Hluttaws, their responsibilities, rightsand privileges, the tenure of State Hluttaws, responsibilities,rights and privileges of Pyithu Hluttaw, Lumyosu Hluttaw and State

Hluttaws and stipulations of their qualifications, and so forth, theclarifications given by U Aung Toe, Chairman of the NationalConvention Convening Work Committee are congruent with the views andattitudes of their party.

In conclusion he said their proposal paper might contain pointsothers might or might not concur on, as was natural; discussions mustbe held with patience to find answers; what was right would have tobe found; and only what was right would be the achievement of theConvention.Mro or Khami National Solidarity Organization

U Maung Pain (a) U Khin Maung Thein of Mro or Khami NationalSolidarity Organization discussed organization of the Pyithu Hluttaw.He said it would be appropriate to organize the Pyithu Hluttaw with amaximum 440 representatives comprising 330 elected representativesand 110 Tatmadaw servicemen Pyithu Hluttaw representativesconsidering the total population of the nation and enablingparticipation of most of the national peoples residing in the entireUnion. The Tatmadaw has been discharging national duties holding inesteem Our Three Main National Causes. And there is clear evidencethat it has safeguarded Our Three Main National Causes and served thenation and the people sacrificing much.

One hundred and ten Tatmadaw servicemen representatives shouldbe included in the Pyithu Hluttaw so that the Tatmadaw can play anational political leadership role in the future State and continueto safeguard Our Three Main National Causes. Hence, Pyithu Hluttawshould be constituted with a maximum 440 Pyithu Hluttawrepresentatives as follows:

(a) no more than 330 representatives elected on the basis ofpopulation;

(b) no more than 110 Tatmadaw servicemen Hluttawrepresentatives nominated as such by the Defence Services Commander-in-Chief.

He appreciated the speech of the Chairman of the Work Committeewho said as many national races as possible should be permitted toparticipate in the Amyotha Hluttaw thereby expressing the wish toserve the interests of the national races most equitably.

He said there should be most fair sharing of national races inthe Amyotha Hluttaw.[Declining Tatmadaw percentage]

In proposing organization of the Hluttaw under the legislature,he said Tatmadaw servicemen Hluttaw representatives nominated as suchby the Defence Services Commander-in-Chief would be included in everyHluttaw. Tatmadaw has fine traditions, he said. It has been strivingto make remarkable progress in the political, economic and socialfields up to this day. He said a fundamental principle has been laiddown in connection with the multi-party democracy that the Statepractices genuine multi-party democracy system. Hence, he said, itshould be stated in the detailed principle that the number ofTatmadaw servicemen Hluttaw representatives should be reduced fromone-third of the elected Hluttaw representatives in the first term ofthe Hluttaw to one-fifth in the second and one-sixth in the third tobe in accord with the fundamental principle.

He pointed out that in the 1948 Constitution, the head of theLumyosu Hluttaw (Chamber of Nationalities) was called Nayaka(Speaker) and head of the Pyithu Hluttaw (Chamber of Deputies)Okkahta (Speaker).

So, he said, the heads of the Pyithu Hluttaw and Region/StateHluttaws should be called Okkahta and Dutiya Okkahta instead ofThabapati and Dutiya Thabapati.

He then said the Mro or Khami National Solidarity Organizationhad noted the clarifications of the National Convention ConveningWork Committee Chairman. It had submitted the proposal on certainpoints and concerning the remaining clarifications it had nothing todiscuss, it supported them, he said.

Lahu National Development PartyU Kya Ha She of the Lahu National Development Party submitted

proposals of the party on the chapter the Legislature, to be includedin writing the State Constitution.

The Hluttaw constituted with representatives elected on thebasis of population should be called Pyithu Hluttaw. But the oneconstituted with equal number of Hluttaw representatives elected fromRegions and States should be called Lumyosu Hluttaw. Because,national leader Bogyoke Aung San named the Hluttaw which wouldprotect the rights of all the national races as Lumyosu Hluttaw(Chamber of Deputies [sic]) in the 1947 Constitution to have fullessence. Similarly, the Hluttaw to be constituted with equal numberof national races representatives from the Regions and States shouldbe called Lumyosu Hluttaw for the sake of national solidarity.

Neither the State service personnel nor citizens who are notState service personnel have the right to exercise sovereign powerdirectly. So, the term "naibet wundan" (civil servant) is notprecise. Service personnel wishing to stand for election are toresign to do so. As stated in Section 10, paragraph (l) of the PyithuHluttaw Election Law promulgated by the State Law and OrderRestoration Council as law No. 14/95 [sic], they should only beprescribed that members of defence forces such as Armed Forces,People's Police Force, public servants from various public servicebodies and various State-owned economic organizations and otherpublic servants drawing pay from the State fund (retired persons arenot included among such public servants) [sic].

The Commission Chairman at the Plenary Session of the NationalConvention on 7 April 1993 said: "We have avoided any inclination orintent to encourage quick decision-making on matters which we maybelieve to be good and correct."

The Commission Chairman also said at the Plenary Session of theNational Convention on 16 September 1993: "As is the law of nature,such values as sentiments and views are not wont to be of only onekind, only one form or concurrent. That being so is only natural.Moreover, it is not in the nature of thought and views of ordinaryhuman beings with the usual failings and foibles to be perfect."

In conclusion, he said the Lahu National Development Partytruly wished genuine democratic State. It ardently wished unity ofnational races residing in the country and perpetuation of the Union,and the proposal on the organization of the Hluttaw was thussubmitted with sincerity and frankness believing this would be inaccord with democratic principles.Union Kayin League

U Saw Daniel of Union Kayin League said he would discuss theclarifications of Chairman of the National Convention Convening WorkCommittee U Aung Toe on the legislature, executive and judiciary tobe included in the constitution at the Plenary Session of theNational Convention on 2 September 1994.

Concerning legislature fundamental principles had been laiddown as:

1. The legislative power of the State is distributed amongthe Pyidaungsu Hluttaw, Region Hluttaws and State Hluttaws.Legislative power stipulated by the State Constitution shall bedistributed to self-administered areas.

2. Pyidaungsu Hluttaw consists of two Hluttaws -- oneHluttaw elected on the basis of population and the other one withequal number of representatives elected from Regions and States.

3. Seven Regions have one Region Hluttaw and seven Stateshave one State Hluttaw each.

4. Pyidaungsu Hluttaw, Region Hluttaws and State Hluttawsinclude Tatmadaw servicemen Hluttaw representatives nominated as suchby the Defence Services Commander-in-Chief in numbers stipulated bythe State Constitution.

5. For the national races having appropriate size ofpopulation, their national races representatives have the right to

participate in the legislature of the Regions, States or self-administered zones concerned.

According to these fundamental principles,1. it is most appropriate to have two Hluttaws to be called

Pyithu Hluttaw and Amyotha Hluttaw,2. it is also suitable to constitute the Pyithu Hluttaw with

440 representatives including 110 representatives from the Tatmadaw,considering that there are 324 townships in the Union of Myanmar witha population of more than 44 million.

He said Amyotha Hluttaw representatives for each of the Regionand State Hluttaws should be prescribed as 16 and of them, 12 are tobe elected and the remaining four are to be Tatmadaw member Hluttawrepresentatives nominated by the Defence Services Commander-in-Chief.

He proposed that Amyotha Hluttaw be constituted with not lessthan 224 representatives and Amyotha Hluttaw chairman and vice-chairman are to be elected in accord with the procedures as in the phchairman and vice-chairman are to be elected in accord with theprocedures as in the Pyithu Hluttaw.

Election, formation and rights and responsibilities concerningPyithu Hluttaw and Amyotha Hluttaw be prescribed by law, hesuggested. He expressed support to prescribing of age for PyithuHluttaw chairmanship and vice-chairmanship as 25 and their tenures asfive years.

He cited reasons of inclusion of Tatmadaw members in theHluttaw representatives:

(1) the Tatmadaw contained conditions of disintegration andcollapse in the nation as no one could not do so [sic];

(2) there has not been anyone except Tatmadaw who haspearheaded for national unity;

(3) the Tatmadaw is the sole disciplined force in the nation;(4) the Tatmadaw is completely consolidated; and,(5) the Tatmadaw members have venturous spirit for the nation

and are those who vow every day for sacrificing their lives for theirnation, people and Tatmadaw.(NLM 12/1)--------------------------

Dec. 1: The Plenary Session of the National Convention met forthe fourth day, with 532 of 591 delegates present. Proposal papers onthe Legislature were presented from by political parties andrepresentatives-elect from two parties [full texts]:Shan State Kokang Democratic Party

U Khin Maung Aye of Shan State Kokang Democratic Partysubmitted a proposal paper compiled by the party in connection withthe findings of the Work Committee on the chapter the Legislature.

He said: -- Pyidaungsu Hluttaw consists of two Hluttaws -- one Hluttawelected on the basis of population and the other one with equalnumber of representatives elected from Regions and States, -- Pyidaungsu Hluttaw, Region Hluttaws and State Hluttaws includeTatmadaw servicemen Hluttaw representatives nominated as such by theDefence Services Commander-in-Chief in numbers stipulated in theState Constitution. -- Pyithu Hluttaw constituted with Hluttaw representatives electedon the basis of population and Tatmadaw servicemen Hluttawrepresentatives nominated as such by the Defence Services Commander-in-Chief. -- Amyotha Hluttaw constituted with equal number of Hluttawrepresentatives elected from the Regions and States and Tatmadawservicemen Hluttaw representatives nominated as such by the DefenceServices Commander-in-Chief.

Concerning Amyotha Hluttaw, it shall be constituted with amaximum of 224 Hluttaw representatives as follows:

(a) a total of 168 Amyotha Hluttaw representatives -- 12representatives each elected from the Regions and States includingone from each self-administered division or self-administered zone in

the Regions or States having such divisions or zones,(b) a total of 56 Tatmadaw servicemen Hluttaw representatives

nominated as such by the Defence Services Commander-in-Chief. -- Duties, rights and privileges for election of the chairman andthe vice-chairman of the Amyotha Hluttaw shall be prescribed by lawas in the same procedures for election of the chairman and the vice-chairman of the Pyithu Hluttaw.

In connection with constitution of the Region Hluttaws andState Hluttaws, he said:

Through formation and participation in the "Yayya Htana"(affairs departments) in the Region/State Hluttaws of the respectiveRegions or States in which they are resident to have the right to seeto their own affairs, national races residing outside theirrespective states too would be able to work for national solidaritymore conforming to democratic practices.

-- They are to be constituted also with Tatmadaw servicemenRegion or State Hluttaw representatives nominated as such by theDefence Services Commander-in-Chief representing one-third of thetotal Hluttaw representatives elected under sub-paragraph (a), (b)and (c).

In conclusion, he said the group had nothing to discussrestrictions and qualifications for the Pyithu Hluttaw and AmyothaHluttaw representatives clarified by the Chairman of the NationalConvention Convening Commission.Wa National Development Party

U Saw Joseph (a) U Joseph Tun, a National Convention delegateof the Wa National Development Party would, without going against thefundamental principles already laid down but with a constructivesense in the spirit of unity and sincerity to serve the long-terminterests of the nation and citizens, frankly discuss the structureof the legislature out of the legislature, executive and judiciary asclarified by Chairman of the National Convention Convening WorkCommittee U Aung Toe at the National Convention Plenary Session on 2September 1994.

In connection with the structure of the legislature, the WorkCommittee Chairman clarified that,

(1) the legislative power of the State is to be distributedto the Pyidaungsu Hluttaw, Region Hluttaws and State Hluttaws,

(2) the legislative power stipulated by the StateConstitution is to be distributed to the self-administered areas; itis suitable to lay down these as detailed fundamental principles asbases.

Concerning organizations of the Pyidaungsu Hluttaw, afundamental principle should be laid down to organize it with (1) oneHluttaw constituted with representatives elected on the basis ofpopulation, (2) another constituted with equal number ofrepresentatives elected from the Regions and States.

It would be in accord with the principle that the sovereignpower resides in the citizens if the Pyidaungsu Hluttaw, RegionHluttaws and State Hluttaws are constituted with the respectiveHluttaw representatives elected by the nationalities and citizensconcerned. It would also be in conformity with the practicing ofgenuine multi-party democracy system and flourishing of worldlyvalues.

At the Plenary Session of the National Convention on 2September 1994, Chairman of the National Convention ConveningCommission Lt-Gen. Myo Nyunt said, "Our ongoing National Conventionis systematically and seriously exercising consultations seekingpositive ideas and suggestions to obtain principles to serve as basisin writing the State Constitution that is vitally required for theState."

In his greetings to the National Convention delegates on 7January 1993, the Chairman of the Commission referred to the story ofSuvannasama from Jataka Stories and said just like the parents in thestory, the people were desirous of seeing their son coming back to

them carrying a pot of gold, meaning their wish for restoration oftheir eyesight as well as their son's life and prosperity. TheCommission Chairman asked the delegates to hold discussions and givesuggestions that would fulfil the wishes of the people. TheCommission Chairman was seen to have stressed the emergence of anenduring new constitution that would last and serve the interests ofthe nation and citizens in the long term.

In conclusion, the delegate said the discussions and proposalsof the Wa National Development Party were intended to contributetowards serving, to some extent, the interests of the nation andcitizens in accord with the instructions of the Commission Chairman.Shan Nationalities League for Democracy

U Sai Nyunt Lwin, National Convention delegate of ShanNationalities League for Democracy, submitted a proposal papercompiled by the party on the structure of the chapter the Legislatureto be included in writing the Constitution.

He said the proposals were based on the facts -- perpetuationof the Union of Myanmar, emergence of a Constitution which allnationals can accept, for all national races to enjoy rights equally,for all nationals to be equal before the law and objectives of theNational Convention.

The 'Legislature', he said, is so important a chapter as thebrain and the heart of the State and also leads the way for the Unionas every law discussed, approved and enacted is to be obeyed by everynational. It is seriously believed that with proper and correctstructure, functioning and separation of power, the sector ofLegislature will help the executive, the judiciary and other sectorsof the future Union appear vivid and definite and gain smoothfunctioning and progress, he remarked.

He pointed out that at this juncture, correct path for successof the future journey will be found only after reviewing the presentsituation on the basis of experience and taking lessons from the pastevents, adding past events and present life conditions cannot beignored. He said the Union of Myanmar has not emerged for no causeand regaining of independence with the strength of unity, out oftrust and reliance and love and unity among national races and aftersigning of agreements should not be forgotten, adding the cause ofthe emergence of the Union and regaining of independence from aliensis rooted in the signing of the Panglong Agreement.

Without promises and agreements, he said, the PanglongAgreement would not have emerged and if there were no such agreement,the Union would not have emerged. He attributed emergence of theUnion to the Panglong Agreement with which national unity has beenforged, noting it was not wrong to say that an essence of signing theagreement was actually realization of Our Three Main National Causes.Panglong spirit is the spirit for non-disintegration of the Union,consolidation of national unity and perpetuation of sovereignty, hesaid and expressed his belief that lacking or weakening of Panglongspirit or ignoring of the Panglong Agreement will affect Our ThreeMain National Causes.

It will be found that the Panglong Agreement, the foundation ofthe Union, was signed with the unity forged with one unit each fromthe Myanmar Government, the Shan State government, Kachinrepresentatives and Chin representatives and the agreement wascompletely based on the cooperation on equal status of the mainlandand hill regions under agreement, non-interference in the affairs ofthe states and having the right of self-promulgation, he explained.

He commented that the nation will be worth being called a Unionnation and will practically enjoy what is independence when thenational races implement with mutual understanding the factspresented above. Shan Nationalities League for Democracy, he said,wishes the nation to be built in a genuine Union system and to layemphasis more on the essence of the Union than on its name.U Sai Soe Nyunt (Shan NLD)

U Sai Soe Nyunt of Shan Nationalities League for Democracy

submitted the remaining part of the proposal paper.He collectively presented opinions put forward by the party:(1) to form the chapter 'the Legislature' taking the affairs

of all the national races and democratic causes for all the citizensinto consideration based on the Panglong spirit;

(2) to lay down principles to serve as bases only when theystand the test of the fundamental principle 'Sovereignty resides inthe citizens';

(3) to distribute legislative power of the State among thePyidaungsu Hluttaw, Region Hluttaws and State Hluttaws,

(4) to vest the Pyidaungsu Hluttaw with legislative power forcommon affairs and to vest Region Hluttaws and State Hluttaws withthe remaining legislative power;

(5) to keep legislative power for self-administered areas atRegion Hluttaws and State Hluttaws;

(6) to call the Hluttaw constituted with equal numbers ofrepresentatives from Regions and States by a more meaningful term"Lumyosu Hluttaw', instead of Amyotha Hluttaw;

(7) to constitute Pyidaungsu Hluttaw with Hluttawrepresentatives elected on the basis of population and national racesHluttaw representatives elected in equal numbers from Regions andStates;

(8) to constitute Pyithu Hluttaw with Hluttaw representativeselected on the basis of population;

(9) to lay down a principle 'Tatmadaw members nominated bythe Defence Services Commander-in-Chief have the right to standelection in the constituencies of the Pyidaungsu Hluttaw, RegionHluttaws and State Hluttaws:

-- if elected, the Tatmadaw member has the right toparticipate as Hluttaw representative in the respective Hluttaw;

-- if not elected, the Tatmadaw member is permitted toreturn to the Tatmadaw to discharge duties in his or her formerrank';

(10) as it has been said that Pyithu Hluttaw representativesare elected on the basis of population and in consideration of thefuture when the population will be increasing, to constitute PyithuHluttaw is to be constituted constituency-wise with

(a) a people's representatives made up of one Hluttawrepresentative elected from each township;

(b) representatives made up of one more Hluttawrepresentative elected from each township having a population of300,000 and above;

(11) When there arises cause to study and submit mattersconcerning the Tatmadaw in addition to defence and security matters,Pyithu Hluttaw is to form the Defence and Security Committee withPyithu Hluttaw representatives and prescribe its term;

(12) to prescribe the tenure of the Pyithu Hluttaw as fiveyears, instead of four years;

(13) to enact separate laws for election of Pyithu Hluttawtemporary chairman (yaryi thabapati), election of session chairman(thabapati) and vice-chairman (dutiya thabapati) and prescribingtheir rights and responsibilities, resignation of session chairmanand vice-chairman; termination from being representative and forhaving no more right to stand as representatives; and to term leaderand deputy leader of Pyithu Hluttaw representatives as Pyithu Hluttawchairman (okkahta) and Pyithu Hluttaw vice-chairman (dutiya okkahta)respectively instead of session chairman (thabapati) and vice-chairman (dutiya thabapati);

(14) to term Amyotha Hluttaw as Lumyosu Hluttaw and it is to beconstituted with national races Hluttaw representatives elected inequal numbers from Regions (States) under the principle of equalityof national races;

(15) if it is to provided that Lumyosu Hluttaw should includerepresentatives of self-administered areas, the Hluttaw is to beconstituted with one national race Hluttaw representative from eachof the self-administered areas;

(16) when there arises cause to study and submit mattersconcerning the Tatmadaw in addition to defence and security matters,the Hluttaw is to form the Defence and Security Committee withHluttaw representatives and prescribe its term, and is to be grantedthe right to include suitable persons in the committee;

(17) to enact a separate law for election of Amyotha Hluttawalternate chairman and the chairman's performance of duties, electionof session chairman (thabapati) and vice-chairman (dutiya thabapati),their performance of duty and termination of them from duty; and toterm chief or the representative and deputy chief of Lumyosu Hluttawrepresentatives as Nayaka and Dutiya Nayaka respectively, instead ofThabapati and Dutiya Thabapati.

(18) to stipulate numbers of State and Region Hluttawrepresentatives by the respective State or Region;

(19) to enact a separate law for election of Region or StateHluttaw temporary chairman (yaryi thabapati), election of sessionchairman (thabapati) and vice-chairman (dutiya thabapati),performance their duty [sic], termination of them from duty andprescribing of rights and responsibilities and prescribing oftenures;

(20) facts crucial for the Constitution should be provided asprinciples; they should not be detailed principles to serve as bases;and the matter is to be carried out with the enactment of law;

(21) concerning election to the Pyidaungsu Hluttaw (PyithuHluttaw and Lumyosu Hluttaw) and to State or Region, qualificationsas to being a person who has completed 21 years of age and being anational born of parents both of whom are nationals are to beprescribed;

(22) every citizen has the right to vote if he or she hascompleted 18 years of age and the right to stand for election if heor she has completed 21 years of age;

(23) other bans and prohibitions are to be dealt with bypromulgation of a separate law without providing them in theConstitution to be written.National Unity Party

Brig-Gen. Than Tin (Retd) of the National Unity Party submittedthe proposal paper of the party on the legislature to be included inwriting the new State Constitution. He said:

The proposal paper would be divided into two parts and thefirst part would present general appraisals on the three chaptersnamely, the legislature, the executive and the judiciary. In hisclarifications, the Work Committee Chairman said fundamentalprinciples of the three chapters are related to one another and therewere certain principles that should be discussed when the relatedchapters were dealt with. Points would have to be considered togetherto lay down the fundamental principles. The Work Committee Chairmannoted that the structure, division of powers and the functions are tobe discussed separately in dealing with these chapters to lay downthe fundamental principles for them.

The structure of the legislature would be discussed in thesecond part.[The three branches of government]

The legislative, executive and judicial powers are threeaspects of sovereignty or three branches of government. The sovereignpower would be complete only when the three powers -- legislative,executive and judiciary -- are all combined. A government would thenpossess characteristics to become a strong, firm and effective one.

It should be acknowledged that the three powers exist inseparate entity and inter-related. In this concept, the three powerwould have to be analysed and appraised together.

In applying this concept there would crop up in relationseparation of powers of the three powers and division of powersbetween the central and local organs.

The main aim of the separation of powers of the three powers isto prevent a person or a group of persons from exercising the

sovereign power that resides in the people at will. If a person or agroup of persons invested with a particular power has the right toinfluence other person or organizations invested with other powers,there will arise misuse of powers and moves toward the benefit of asingle individual. Based on the experiences inside and outside thecountry, every care needs to be taken to deter such instances.

The main aim of separation of powers is to avoid the extremesof too much central control and uncontrolled local autocraticconditions and following the middle way. There have been experiencesand lessons from inside and outside the country that disagreements inpolitical, economic, social and racial matters and grudges couldoccur when one of the extremes was practised in the division ofpowers between the central and regional authorities.

Hence, much care should be taken with magnanimity to see thatthere are no such flaws in the constitution to be written. Inseparation of three powers, holding in esteem Our Three Main NationalCauses and avoiding the extremes are the correct stand. Division ofpowers should be based on the generally accepted principles. Powersshould be divided whether to be exercised independently or jointly bythe Pyidaungsu, Regions, States and self-administered areas. If so,points conforming to the objectives of the National Convention couldbe achieved.

In connection with separation of powers and division of powers,the party would present its views based on the fundamental principlesaimed at building of a genuine democratic nation, ensuring harmony inpolitical, economic, social, racial and judicial matters and enablingthe people to enjoy democratic rights fully.

The original stand of the party in connection with emergence ofan enduring new constitution was presented.

The constitution to be written should reflect the aspirationsand interests of the people. It should also suit the objectiveconditions of the country. Pillars of democracy should be firmlyestablished in the constitution. The provisions should be those whichcould be put to practice. Once promulgated, the constitution wouldhave to be respected especially by organs of power, serviceorganizations, political parties and the public. Then only would itlast. (NLM 12/2)

According to the main structure, there would be PyidaungsuHluttaw for the legislature of the entire country. Two legislativebodies of Pyithu Hluttaw and Amyotha Hluttaw would be in thePyidaungsu Hluttaw. It is appropriate to have two legislative bodiesin accord with the structure of the Union. This would be a generallyaccepted principle.

The Republic of the Union of Myanmar will be constituted withseven Regions and seven States. Accordingly, there would be RegionHluttaws and State Hluttaws. Regions and States would have onelegislative Hluttaw each. Organization of various legislativeHluttaws as such is most appropriate in view of the separation ofpowers and division of powers between the central and regional organsof power.

In the self-administered divisions and self-administered zones,legislative power would be stipulated by the constitution but noseparate legislative body would be formed; duties would be assignedto the bodies constituted for the self-administered areas instead.

The Work Committee Chairman went into detail concerning thelegislative bodies including the structure, election of actingchairman, chairman and vice-chairman and so on.

The National Unity Party agreed in principle to theclarifications of the Work Committee Chairman in connection with thestructure of the legislature. However, certain points which should bereconsidered and additional suggestions would be presented.[Renaming Amyotha Hluttaw]

Concerning the terms of the two Hluttaws, the term PyithuHluttaw (House of Representatives), the legislative body constitutedwith representatives elected on the basis of population andrepresenting all of the citizens regardless of race, religion or sex

is appropriate in both Myanmar and in English and conforms with thefunctions.

The English term House of Nationalities makes it evident theessence of consultations of nationalities in a legislative body, andEnglish and Myanmar terms concur.

Hence, the Hluttaw where national races delegates of theRegions, States and self-administered areas meet and holdconsultation should be called "Taingyin-tha Lumyosu Hluttaw" (Houseof Nationalities).[Civilian participation on Defence and Security Committees]

Regarding formation of defence and security committees in thePyithu Hluttaw and Amyotha Hluttaw, it was found to have proposed toform the committees in the two Hluttaws with Tatmadaw servicemenrepresentatives only. It is well understood that the matter ofnational defence and security is the main duty of the Tatmadaw. It isaccepted that the ability and the strength of the Tatmadaw born ofthe people depend on the people's support and cooperation,considering the Tatmadaw's origin and traditions.

According to experiences, the affairs of the people are that ofthe Tatmadaw and vice versa. The oneness of the Tatmadaw and thepeople is fully acknowledged. Moreover, under the geographicalconditions and political concepts, military matters are concernedwith not only the Tatmadaw but also the people. Furthermore, theentire mass of the people together with the Tatmadaw are to cooperatewhen local wars, limited wards, world wars and wars of aggressionbreak out.

Defence and security covers not only military matters but alsointernational relations, economic, science, technology and legalaffairs. So, there should be a wide participation of experiencedpersons in the respective subjects and experts together with Tatmadawservicemen representatives to discuss defence and security matters inthe Hluttaws concerned. Hence, other Hluttaw representatives shouldbe included together with the Tatmadaw servicemen representatives inthe defence and security committees of the two Hluttaws.

National races covered by the fundamental principle to be laiddown will have the right to elect one representative each and wouldbe able to manage legislative and administrative affairs in theRegions or States.

At the same time, efforts should be made to suppress narrow-minded racialism and prevent the spread of suspicions and grudgeswhile promoting patience, magnanimity, forgiveness and mutualrespect. Especially, it would be necessary to encourage equalityamong all the national races, keep the hegemonic practices free,promote mutual respect and understanding between the majority andminority and make sure that the majority respect the rights of all.

In the Regions, States and self-administered areas, it wouldnot be sufficient for the minority to have just the right torepresent; points enabling them to enjoy democratic rights fullyshould be provided specifically in the respective chapters of theconstitution. The government and non-governmental organizations wouldhave to make concerted efforts to flourish in the entire countryworldly values, to have sympathy towards one another and to flourishfour cardinal values. To sum up, all the people of the country wouldhave to work in unison for the common weal. Then only would a unitedand firm Union emerge.

The clarifications of the Work Committee Chairman on thelegislature covered not only the structure of the various legislativebodies but also the qualifications of the Hluttaw representatives.The role and responsibilities of the representatives of the PyithuHluttaw, Amyotha Hluttaw and self-administered areas are heavy andextensive. Representatives who have to discharge duties in therespective legislative bodies should be able to present their viewsfrankly, boldly and correctly; they should be able to do so withsecurity. These are important points.

Exemptions, duties and responsibilities and rights for therepresentatives in the respective legislative bodies to be prescribed

in law should be laid down in the detailed fundamental principles.These discussions are concentrated on the legislature.

Discussions on the executive and judiciary would continue later.Separation of powers and functions of the three powers would then bedealt with. In so doing, the National Unity Party would continue towork for the success of the National Convention, achievement of agenuine consensus and emergence of an enduring constitution.[Proposal papers of Representatives-elect delegates group]Shan State Kokang Democratic Party

U Yaw Aye Hla of Shan State Kokang Democratic Party said theirparty would make proposals with sincere goodwill without any baseintent to hurt or favour anyone. Ours might or might not concur withthose of other delegates.

In a country, just as it will not do if there are no people tosupport the Tatmadaw, so also it will not do if there is no Tatmadawof the people safeguarding the people. The people and the Tatmadaware mutually dependent. One cannot do without the other, one dependson the others.

Due to State leaders keeping constant watch of the internal andexternal situations and acting accordingly, and also due to genuinedemocracy loving people participating actively, the Union of Myanmarchanged over from one-party rule to multi-party democracy withoutdisintegration, scoring a first in the world; no other socialistcountry in the world had been able to do like that; it is a historicfact all the people of the Union must feel proud of; it came to sucha situation that the nation could not be left unpraised any more;after the change had been brought about in our country, many othercountries formerly under one-party rule are having one governmentafter another falling and still having to move on to multi-partydemocracy; it was as though our country was in the forefront in thedevelopments of the world; but, without being contented or conceitedwith that, we must keep on striving to catch up with advancement ofthe world nations.

In the political history of our country, he said, the nationhad regained Independence because of united endeavours of politicalforces, student organizations, peasant and worker organizations,sasana organizations, national races, the entire people and Tatmadawmembers all together, and so the Tatmadaw together with the peoplemust have a right to participate in the national political leadershiprole of the future State. [Note: last two paragraphs virtuallyidentical to those in the presentation of U Khin Maung Aye of thePolitical Parties delegates group -- HCMacD.]

So their party proposed the following:(a) For inclusion of Tatmadaw representatives in the Lumyosu

Hluttaw, stand for election along with other political parties andindependent candidates for 42 Hluttaw seats;

(b) For inclusion of Hluttaw members from the Tatmadaw forone fifth the number of seats in the Pyithu Hluttaw. Tatmadaw membersnominated by the Commander-in-Chief of the Defence Services stand forelection along with other political parties and independentcandidates;

(c) For Tatmadaw members to get one fifth of the total numberof seats in each Region or State Hluttaw, Tatmadaw members nominatedby the Commander-in-Chief of the Defence Services stand for electionalong with other political parties and independent candidates;

(d) Depending on the results of such standing for election,Tatmadaw representatives will be able to participate in the nationalpolitical leadership role of the future State.

He said the matter was being presented out of goodwill to haveTatmadaw participating one way or another; the abilities of aTatmadaw member would remain the same whether he stood for electionor not; standing for election will in no way diminish thequalifications of that person; for qualified Tatmadaw membersespecially votes would be cast by their party and the entire Kokang

people all the more; just as it would not do without theparticipation of Tatmadaw members for emergence of the futuredemocratic State, endeavours must be made by all the citizenry.

In conclusion he said their proposal paper might contain pointsothers might or might not concur on, as was natural; discussions mustbe held with patience to find answers; what was right would have tobe found; and only what was right would be the achievement of theConvention. [Paragraph identical to that in Political Partydelegate's presentation, above -- HCMacD.]Mro (or) Khami National Unity Organization

U San Tha Aung of Mro (or) Khami National Unity PartyOrganization said it would be appropriate to have 440 members inPyithu Hluttaw -- 330 elected persons and 110 Tatmadaw members; theTatmadaw is shouldering the national duty upholding Our Three MainNational Causes of non-disintegration of the Union, non-disintegration of national solidarity and perpetuation ofsovereignty; it had stood for the people making self-sacrifices andit has always safeguarded Our Three Main National Causes with a greattradition; it should be permitted for 110 Tatmadaw members toparticipate in the Pyithu Hluttaw so that the Tatmadaw would be ableto participate in the national political leadership role in thefuture State and continue to safeguard Our Three Main NationalCauses.

So a detailed basic principle should be laid down to the effectthat the Pyithu Hluttaw shall be formed with 440 members at most asfollows:

(a) not more that 330 persons elected to the Pyithu Hluttawon the basis of population;

(b) not more than 110 Tatmadaw members nominated by theCommander-in-Chief of the Defence Services. [National race representation in Amyotha Hluttaw]

As there will be only 220 members in the Amyotha Hluttaw and asthere will be only 12 representing each Region or State, it is notcertain that the 12 will include all national races; so a firmprinciple should be laid down to ensure the broadest possibleparticipation of national races in the Amyotha Hluttaw; so a basicprinciple should be laid down that in each Region or State eachnational race that has a population that is one percent of the totalpopulation of the Region or State should be permitted to participatein the Amyotha Hluttaw; only then will it be possible to have aconstitution and laws that will serve the interests of all nationalraces; it will also be in accord with the democratic discipline andtantamount to evenly implementing the fundamental rights of allnational races.

If it is to be determined on the basis of 0.1 per cent of thepopulation of the whole country, it will cause unevenness inopportunity for each national race with a population of less than44,000; and it will not be in accord with the essential democraticcharacteristic principles of justice, liberty and equality; so, withaims at enabling the broadest participation of national races in theAmyotha Hluttaw, in accord with what is contained in the article byAung Min and in accord with the democratic practice, it is proposed adetailed basic principle be laid down that each national race with apopulation that is one per cent of the total population of the Regionor State shall have right of participation in Amyotha Hluttaw.

It is also proposed it should be considered, in the detailedbasic principle, for creating new township for each national racethat does not yet have own township, among the 35 national races withpopulations over 10,000, and for prescribing self-administered zones.

Except for these points, he said, their organization endorsedall other points in the clarification given by U Aung Toe, Chairmanof the National Convention Convening Work Committee, as regards thesubject of legislature. (NLM 12/3)

The Convention will reconvene on Dec. 4.(NLM 12/2)

Dec. 4: The Plenary Session continued, with 530 of 590delegates present. Delegate U Ko Lay of the nationalities delegatesgroup died, reducing the total from 591. Proposal papers on theLegislature were presented by party and independent representatives-elect [full texts]:NUP (Hluttaw representatives-elect)

U Thein Tun, Hluttaw representative-elect of IngapuConstituency 2, Ayeyarwady Division, National Convention delegate ofNational Unity Party, submitted a proposal paper compiled by membersof the NUP included in the Hluttaw representatives-elect delegatesgroup on the chapter the Legislature.

He spoke of elaborate explanation of the Chairman of theNational Convention Convening Work Committee on 2 September

-- on designation of the self-administered division or self-administered zone included in the chapter the State Structure;

-- the structure of the chapter 'the Legislature';-- the structure of the chapter 'the Executive';-- the structure of the chapter 'the Judiciary'.

He said the delegates had noted them down and made studies andbased on them presented their NUP's opinion and stand on the self-administered areas to the Panel of Chairmen on 21-9-94 and read andexplained them at a Hluttaw representatives-elect delegates groupmeeting on 3-10-94.[Separation of powers]

He first submitted the party's general stand. He said that whenthe 104 fundamental principles were laid down, the following pointsregarding the separation of powers are included:

(1) the three branches of State power, namely, legislativepower, executive power and judicial power are separated as much aspossible and exert reciprocal control, check and balance;

(2) the three branches of State power so separated aredistributed among Pyidaungsu (Union), regions, states and self-administered areas.

He said the legislative power, the executive power and thejudicial power are the 'three aspects of sovereignty', or in otherwords, they can be called the 'three branches of government', addingonly when the three powers are combined, will sovereignty appearvivid and will the government possess characteristics of strength anddynamism.

If this general stand on the three powers is understood,approved of and accepted by all unanimously, a belief that as each ofthem bears its own characteristics, they have reciprocal dependenceand relation must also be accepted, he noted and said it will befound that in analyzing the three powers on the basis of this stand,it is necessary to view separately or collectively.

By practising this stand by laying down a fundamentalprinciples in writing the new Constitution, 'separation of powers'and 'division of powers' between the central and regional authoritieswill appear relatively, he explained.

The main aim of separating exercising the three powers, hesaid, is to control a situation in which one person or one group mayabuse sovereignty of the people to one's or their satisfaction or maymisuse them. If one person or one group exercising one power has anopportunity to influence on the other person or group exercisinganother power, they will come onto the path of misuse of power, hesaid and noted care must be taken to prevent occurrence of suchcases.

In view of the clarifications of the Chairman of the WorkCommittee on 2 September, State machinery will be emerging vividlywith the Constitution and the organizations operating in themachinery are 'constitutional institutions'.

He went on to submit general belief in analyzing theconstitutional institutions.

He said it will be necessary to assess constitutionalinstitutions whether their forms are compatible with their functions

and to be able to assess so, it is necessary to clearly understandtheir forms and functions.[Regional parliamentary system]

There should be relations in the nature of formation orfunctions of one institution with another. It is learnt that therewill be the Region Prime Minister or State Prime Minister at theregion or state level. Due to the term 'prime minister', it may bedoubtful whether there will be parliamentary democracy system at theregion or state level, not like the central, in our country where thefundamental principle to adopt presidential administrative system hasbeen laid down.

The fact makes it necessary to implement in conformity with the104 fundamental principles, he remarked.

He commented that the institutions, he said, must be soefficient as to shape democratic social system which people desireand to stand firmly for the welfare of the people, and they must alsocontribute to flourishing of a genuine parliamentary democracysystem.

Emergence of a enduring State Constitution is an aim desired bythe National Convention delegates, the people and the high rankingofficials of the State and for emergence of such a Constitution,constitutional institutions need to be firm in structure which can beachieved by the systematic formation of them in accordance withobjective requirements, he said.

Continuing, he discussed formation of the chapter theLegislature. In studying the clarifications regarding formation ofthe chapter Legislature, altogether 39 points are found suitable tobe adopted as fundamental principles.

He spoke of five points regarding legislature in laying down104 points to be enshrined in the Constitution as fundamentalprinciples and said when a comparison is made between the five pointsand the Work Committee Chairman's clarifications, the clarificationsare found to have extensively and relatively dealt with detailedprinciples to serve as bases. In view of these clarifications, it canbe said that the 'main skeleton', formation of the Pyithu Hluttaws atdifferent levels, has appeared vividly. According to the mainskeleton, there will be Pyidaungsu Hluttaw in a national scale, andfrom it, there will become Amyotha Hluttaw and Pyithu Hluttaw. Hecommented that it is proper to form the two Hluttaws in accordancewith the structure of a Union nation.

He said the English term "House of Nationalities' portrayspolitical essence of the Legislature where all national races willhold discussions and coordinations together and the Myanmar termshould have corresponding meaning. He suggested the term TaingyinthaLumyosu Hluttaw instead of Amyotha Hluttaw.

He said the delegates of the party do not cling to any fixedname or term and believe that having two Hluttaws is the politicalessence.

He went on to discuss formation of committees and commissionsin Pyithu Hluttaw and Amyotha Hluttaw.

In accordance with the fundamental principles of the NationalConvention, there will be two Hluttaws, and the aims are:

-- to control hasty writing and promulgation of laws;-- to avoid one-sided promulgation of laws and overwhelming

by one Hluttaw only;-- to be able to ponder over, from all points of view, laws

to be promulgated during the period of their submission to anddiscussions by the two Hluttaws;

-- to reflect people's opinions, hopes and desires throughthe Pyithu representatives of the two Hluttaws;

-- to share multifarious duties of legislative bodiesbetween the two Hluttaws;

-- to protect and carry out for the welfare of masses andclasses and people of various strata in the nation;

-- to protect and enable people to enjoy their fundamentalrights, the right to freedom and the right to democracy;

-- to protect and bring about welfare of members of theUnion and national races in accordance with the formation of theUnion.

These are the benefits which will accrue from constitution ofthe two Hluttaws, he commented.

In the formation and functions of Pyithu Hluttaw and AmyothaHluttaw, it is necessary to have both similarities and differencesbetween the committees and commissions of the two Hluttaws.

Whether which committee or commission is to be formedpermanently or which should be formed as necessary is a matter fordetailed discussions, and so, it will be sufficient to include thefact 'respective committees and commissions must be formed in the twoHluttaws' as a fundamental principle. Moreover, a principle should belaid down that 'Details regarding the committees and commissions tobe formed are to be provided in the Hluttaw law and rules to bepromulgated'.

He said the matters submitted were concerned with the formationof the chapter Legislature and discussions on the formation of thechapters the Executive and the Judiciary would be submitted.Moreover, he said, the delegates would continue discussing separationof powers and functions regarding the three sovereignty powers. Heexpressed his party's stand that it will go on to stand honestly andfrankly, not losing sight of the aims for success of the NationalConvention, common desires and emergence of an enduring Constitution.U Hla Maung

U Hla Maung, independent representative-elect of Kya-in-SeikkyiTownship Constituency-1 in Kayin State, submitted a proposal paper onthe chapter the Legislature to be included in the State Constitution.He said:

Suggestions on the organization of the Pyidaungsu Hluttaw wouldbe presented in accord with the fundamental principle thatlegislative powers shall be distributed to the Pyidaungsu Hluttaw,Region Hluttaws and State Hluttaws.

He proposed the Pyidaungsu (Union) Hluttaw be made up of twoHluttaws -- Pyithu Hluttaw (House of Representatives) constitutedwith representatives elected from the respective areas throughout thecountry and Amyotha Hluttaw (House of Nationalities) constituted withequal numbers of representatives elected from the Regions and States.[Number of Pyithu Hluttaw representatives]

Regarding the number of Hluttaw representatives to bestipulated it would not be appropriate to stipulate onerepresentative for each township. Usually election of representativesis conducted on the basis of population ratio. The size and densityof population differ from one township to another depending on thearea, economic conditions, transport and communications andgeographic conditions of the townships concerned. It would not berealistic to stipulate one representative for a township with apopulation of some 100,000 and another with a population of some10,000. The 1947 Constitution stipulated the number of Pyithu Hluttawrepresentatives as 250 because population of the country at the timewas about 15 million only. In accord with the 1947 Constitution, thenumber of representatives increased from 451 in the first term to 464in the second term, 475 in the third term and 489 in the fourth termof the Pyithu Hluttaw; it was evident the number increased inproportion to the population. During the 1990 election, the number ofrepresentatives was stipulated at 491. It was stipulated so not basedon the number of townships but on population. Hence, it should bestipulated one representative for townships with the population of upto 100,000 and one more representative for those the population ofwhich exceeds 100,000. The stipulation is based on the growingpopulation. This would be a formula for a proportional increase inthe number of representatives.[Number of Amyotha Hluttaw representatives]

Concerning stipulation of the number of representatives in theAmyotha Hluttaw in proportion to that of the Pyithu Hluttaw,

representatives elected in the States for the Pyithu Hluttaw would bethose who are in the majority in the respective States asrepresentatives would be elected based on the number in therespective regions. Hence, there would be nothing to worry about apossible vast majority in the Pyidaungsu Hluttaw of representativesfrom the Regions. Nationalities mingle with others in the Regions asin the States and nationalities or non-Bamar representatives wouldinevitably be elected.[Qualifications]

Out of the presentations of the Work Committee, in connectionwith the qualifications for the representatives of the two Hluttaws,

(a) the age limit for the representatives of the PyithuHluttaw and Amyotha Hluttaw should not be 25 and 30 respectively, itshould be 25 or the same;

(c) [sic] the stipulation requiring the representatives to beresident in Myanmar at least 10 consecutive years is inappropriateunder the present world conditions. In the world today, residing inisolation is no longer practised. There are more contacts amongcountries in social, education, economic and employment matters.Hence it would be inappropriate to stipulate that persons should bethose who have resided in the country for ten years consecutivelyconsidering persons who went abroad and resided there temporarily forreasons stated above and returned with the exception of those whohave revolted the country, not bee loyal to the State or committedtreason.

Concerning the points stated in paragraph (b) disqualifyingpersons from being elected to both Hluttaws, they were believed to becomplete. The phrase 'or failed to have abided by the election law'added to paragraph (l) would be unnecessary. Unless the failure wasdue to criminal intent or moral turpitude, there would arise no caseto disqualify such persons.

The current session of the National Convention is directed atflourishing of worldly values of justice, liberty and equality. Nowit is in the process of writing, a State Constitution furnished withsuch objectives to give guidance to the Union of Myanmar. In agenuine multi-party democratic nation, except the representatives whohave been invested with the mandate of the people to manage theaffairs on their behalf, no person, group or organization has theright to participate in the Pyidaungsu Hluttaw, Region Hluttaws andState Hluttaws without the permission of the Hluttaw. People have theright to elect a person having the right to form a government andexistence of a government depends on the assent of the people; itsexistence will cease when the people withdraw their assent. The powerof a government is limited and the State Constitution givingprotection to the people favours no particular person ororganization. Every citizen is equal in the face of law and nobody isabove the law.

The proposals thus presented with constructive criticism areintended for all the people residing in Myanmar to enjoy worldlyvalues of justice, liberty and equality and for the establishment ofa genuine democratic Union of Myanmar, with no ill will towards orgrudges against any.Dr. Hmu Thang

Dr. Hmu Thang, independent representative-elect of ThantlangConstituency in Chin State, submitted the proposal paper compiled byU Tun Kyaw, independent representative-elect of Namhsan Constituencyand himself on the chapter the Legislature to be included in theconstitution to be written.[Titles of Hluttaw leaders]

In the 1947 Constitution, head of the Lumyosu Hluttaw (House ofNationalities) was called "Nayaka" (Speaker) and head of the PyithuHluttaw (Chamber of Deputies) "Okkahta" (Speaker) and were grantedappropriate salary, privileges and rights compatible with hisstation.

Similarly, the heads of Hluttaws of other democracy nations and

the Unions were found to have deserving positions and names. In theUnited States of America and India, Vice-Presidents take charge ofthe Senate or the Upper House and the head of the House ofRepresentatives or Lower House are elected from among therepresentatives and called the Speaker. In the constitutions of mostcountries, the head of the Pyithu Hluttaw is called the speaker.There is difference in the Upper House. Some countries call thePresident and some the Chairman. Rights and privileges have beengranted according to their volume of work and position.

In the constitution now being written, the heads of Hluttawshould be elected from the Hluttaw representatives and called"Okkahta" (chairperson); the Pyidaungsu system would then be evident,the two Hluttaws would possess relevant characteristics, the headswould be able to supervise the Hluttaw sessions effectively and theterm would differ from other committees and organizations.

Hence, the head of the Amyotha Hluttaw should be called asAmyotha Hluttaw "Okkahta" (Chairperson of House of Nationalities) anddeputy head as "Dutiya Okkahta" (Vice-Chairperson); and head of thePyithu Hluttaw as Pyithu Hluttaw "Okkahta" (Chairperson of House ofRepresentatives) and deputy head as "Dutiya Okkahta" (Vice-Chairperson).

Similarly, heads of Region Hluttaws and State Hluttaws shouldbe called Okkahta and Dutiya Okkahta (chairperson and vice-chairperson).[Qualifications of Hluttaw members]

In connection with the clarifications of the Chairman of theNational Convention Convening Work Committee on the qualifications ofthe Hluttaw representatives, the following paragraphs should beformulated as fundamental principles:

(1) Pyithu Hluttaw representatives shall be natives of theRegions or States from which they have been elected,

(2) Amyotha Hluttaw representatives shall be natives of theStates [sic] from which they have been elected and they shall beresident in the States or Regions from which they have been elected;

(3) (a) representatives of Region Hluttaws shall beresident in the respective Regions,

(b) representatives of State Hluttaws shall beresident in the respective States,

(4) Tatmadaw servicemen Hluttaw representatives nominated assuch by the Defence Services Commander-in-Chief shall be natives ofthe respective States; the Defence Services Commander-in-Chief is tonominate Tatmadaw servicemen of other Regions or States only whenthere are no native Tatmadaw servicemen in the State concerned.

The number of Tatmadaw servicemen's participation in theHluttaws would be discussed. Chairman of National ConventionConvening Commission Lt-Gen. Myo Nyunt stated in connection with thelast of the six objectives of the National Convention -- for theTatmadaw to be able to participate in the national politicalleadership role of the future State -- that the reason has beenbecause of the noble and genuine good will to carry on and maintainthe results derived from the efforts of the Tatmadaw for nationalpeace and tranquillity and further raise the momentum of economic andsocial progress made in the country.

In the Noble Desire of the Tatmadaw, it was stated thus:"Although the State Law and Order Restoration Council has had to takeover, due to unavoidable circumstances, the sovereign power of theState to prevent the Union from disintegration and for ensuring thesafety and security of the lives, homes and property of the people,it wishes to retransfer State power to the people, in whom it wasinitially vested, through democratic means within the shortest timepossible. Therefore, the entire people are urged to give all theircooperation to ensure the rule of law and for prevalence of peace andtranquillity."

Secretary-1 of the State Law and Order Restoration Council Lt-Gen. Khin Nyunt clarified at the 110th Press conference thatauthorities starting from Senior General Saw Maung had spoken time

and again that the Tatmadaw did not covet power; and truly it had nointention to hold on to power for long.

In reference to these the Tatmadaw is found to be anorganization which is guiding the Republic of the Union of Myanmar tobecome a new nation where worldly values of justice, liberty andequality and genuine multi-party democratic practices flourish and itis evident that it has no desire to hold on to power for long.[Only temporary Tatmadaw representation in Hluttaws]

Tatmadaw servicemen Hluttaw representatives would thus includein the Pyithu Hluttaw, Amyotha Hluttaw and Region/State Hluttawsaccording to the ratio presented by the Chairman of the WorkCommittee in the first term of the Hluttaw. Participation of theTatmadaw servicemen Hluttaw representatives would be reduced by halfor 50 per cent in the second term. Beginning from the third term,Pyithu Hluttaw would be constituted with the representatives trulyelected by the people. From the third time [sic], if Tatmadawservicemen whish to be included in the Pyithu Hluttaw they would haveto retire from service as other State service personnel do and seekthe support of the people to be elected.

This had been proposed expecting that there would be anappreciable stage and stability in the country's peace andtranquillity and economic and social progress during the two terms orten years after the beginning of the first Hluttaw. Moreover, one ofthe objectives of the National Convention -- flourishing to genuinemulti-party democratic system -- is believed to have been fulfilledat the time.

In conclusion, he said the discussions focussed on additionalpoints believed to be of national public interests to be applied inthe country.U Htwang Kho Thang

U Htwang Kho Than, Independent Representative-elect of TamuConstituency, Sagaing Division, a Chin national, asked all other tobear with him with broadmindedness if there were weaknesses in hisusage of Myanmar language or in his political thoughts.

He said he would not go in detail into the points fordiscussion contained in the clarification given by the Chairman ofthe National Convention Convening Work Committee on 2-9-94, but wouldonly discuss points that he thought would need discussion, and hewould discuss and propose matters with the concept that there be noar-ne-de (reluctance for non-compliance).

He said he would speak of "national politics" as he understoodit; in multi-party democracy countries, when public leaders to leadthe State are to be elected, political parties are founded; theydeclare their policies; they compete in general elections; if likedand elected by the people, they lead the State for the people andserve the national interests; they pursue national politics for aprescribed period on the basis of political parties to so servenational interests.

Among party organizations or individuals who get opportunitiesto lead in serving the national interests, there might be those whoignore national interests and strive with bias for their own personalinterests or partisan interest for their own party exclusively. Suchindividuals and party organizations will face punishment by the votesof the people and they will not get opportunity to participate in therole of leadership on the people another time. So any party,organization or person wishing to participate in the nationalpolitical leadership role is to seek the wishes of the people.[Amyotha Hluttaw]

For equal opportunity of participation in Amyotha Hluttaw, itshould be formed with 174 members with the inclusion of

-- 17 members from Shan State -- five representing fiveself-administered areas in the state, and 12 representing the wholestate by virtue of proportional representation;

-- 13 members from Sagaing Division -- one representing aself-administered area in the Division, and 12 representing the whole

division by virtue of proportional representation.[Qualifications of Hluttaw members]

In connection with qualifications stipulated for Pyithu Hluttawmembers, Amyotha Hluttaw members, Region Hluttaw members and StateHluttaw members, I am of the opinion that anyone

(a) who is at least fully 21 years old(b) who is a citizen born of parents both of whom are

citizens(c) who is not covered by the provisions with the exception

of Section 10 (Hta-wum-be) of the Multi-party Democracy GeneralElection Law of 1989 should have the right to stand for election.Only vital points need be included in the Constitution. Election lawand rules should not be included in the Constitution bu madeseparately.

In conclusion he said that he had presented proposals on thebasis of his views of democracy and fundamental rights of man,political views and attitudes on the Union and national races, viewsfor eternal stability of the Union, views and attitudes forsafeguarding of minority rights, on the role of the people'srepresentatives and Tatmadaw members in various Hluttaws, andstipulations of qualifications of Hluttaw members, with theconviction that they would be of service to the Union. (NLM 12/ 5)[U Aung Thein]

U Aung Thein, Independent Representative-elect of YwanganConstituency, Shan State, said that, if it is to be done on the basisof population, as laid down in the basic principle, the right toelect one more representative is to be given to each and everytownship which has a population of more than 300,000; only then willit be fair and equitable; but in fact, such right is to be given fortownships in decreasing order of population only till the number ofrepresentatives reach the maximum stipulated 330; so it is more onthe basis of township rather than population; accordingly, instead ofsaying "on the basis of population, according to township" it wouldbe more correct to say "on the basis of township, according topopulation". So,[Representation by township, not population]

In Sub-paragraph (Kagyi) in connection with formation of PyithuHluttaw, it should read "Pyithu Hluttaw members, not exceeding 330,elected "on the basis of township, according to population" and

In Sub-paragraph (Kagyi) in connection with formation of thePyidaungsu Hluttaw, it should read "Pyithu Hluttaw formed withHluttaw members elected on the basis of township, according topopulation, and Tatmadaw member Hluttaw members nominated by theCommander-in-Chief of the Defence Services.

In other matters he proposed, that it should be laid down, withadditions, as follows:[Residence requirements]

In connection with formation of the Amyotha Hluttaw, it shouldbe laid down as follows:-- 168 Amyotha Hluttaw members elected equally, 12 from eachRegion or State (elected from among persons who reside settled inthat Region or State), including one representative from each self-administered division or zone if any in that Region or State;

In connection with the formation of Region or State Hluttaw, itshould be laid down as follows:-- Region or State Hluttaw members elected, two from each township(elected from among persons who reside settled in that township) tothat Region or State Hluttaw.

In connection with the stipulation of qualifications of AmyothaHluttaw members, it should be laid down as follows:-- one must have qualifications to have the right to standelection to the Pyithu Hluttaw except for qualification of age andmust also be residing settled in that Region or State;

In connection with the stipulation of qualifications of Regionor State Hluttaw members, it should be laid down as follows:

-- one must have qualifications to have the right to stand forelection to be Pyithu Hluttaw representatives and must also beresiding settled in the Region or State;[Terms of Tatmadaw members]

In connection with the formation of the Pyithu Hluttaw, itshould be laid down as follows:

As paragraph (Gange) after (Kagyi) and (Khagwe),-- Tatmadaw member Pyithu Hluttaw members shall not serve morethan two consecutive terms on the Pyithu Hluttaw;

In connection with the formation of the Amyotha Hluttaw, itshould be laid down as follows:

As paragraph (Gange) after (Kagyi) and (Khagwe),-- Tatmadaw member Amyotha Hluttaw members shall not serve morethan two consecutive terms on the Amyotha Hluttaw;

As emphasized by the Chairman of the Commission, and as laiddown in the 104 basic principles to strive for conformity with andfor further flourishing of the noblest and worthiest of worldlyvalues such as justice, liberty and equality, he proposed that theterm "personnel in civil service" be replaced with "personnel inState service" in Sub-paragraph (Nya) concerning persons who have noright to stand for election as Pyithu Hluttaw members.

He concluded his discussion saying except for the above he hadno other comments to make as regards other usages including PyithuHluttaw, Amyotha Hluttaw and Pyidaungsu Hluttaw, or other principlesthat are in nature procedures.National races delegates

U Kyaw Din (a) U Htay Yeh, member of the national racesdelegates group, of Loikaw, Kayah State, submitted a proposal papercompiled by the national races delegates group on detailed principlesto serve as bases in the formation of the Legislature to be includedin writing the Constitution.

He suggested that the Hluttaw elected on the basis ofpopulation be called Pyithu Hluttaw (House of Representatives) andthe Hluttaw with equal number of representatives elected from regionsand states be called Amyotha Hluttaw (House of Nationalities). So,regarding formation of the Pyidaungsu Hluttaw, the following shouldbe laid down as principle to serve as bases:

-- Pyidaungsu Hluttaw consists of two Hluttaws:(a) Pyithu Hluttaw (House of Representatives)

constituted with Hluttaw representatives elected on the basis ofpopulation and Tatmadaw member Hluttaw representatives nominated bythe Defence Services Commander-in-Chief;

(b) Amyotha Hluttaw (House of Nationalities)constituted with equal number of representatives elected from regionsand states and Tatmadaw member Hluttaw representatives nominated bythe Defence Services Commander-in-Chief.

Pyithu Hluttaw should be constituted with a maximum of 440Hluttaw representatives according to the population of the countryand to enable the participation of the majority of the national racesresiding in the Union, he said. He proposed that it be constitutedwith 330 Hluttaw representatives-elect and 110 Tatmadaw memberHluttaw representatives and said it is assumed that it is anappropriate ratio.

So, regarding the constitution of the Pyithu Hluttaw, thefollowing should be laid down as principle to serve as bases:

-- The Pyithu Hluttaw shall be constituted with a maximum of440 Hluttaw representatives:

(a) Hluttaw representatives, no exceeding 330, electedon the basis of population;

(b) Tatmadaw member Hluttaw representatives, notexceeding 110, nominated by the Defence Services Commander-in-Chief.

He proposed the following to be laid down as detailed principleto form as bases:

-- The term of the Pyithu Hluttaw is five years from thedate on which the first session of the Pyithu Hluttaw begins.

Regarding formation of the Amyotha Hluttaw, he said AmyothaHluttaw should be constituted not only with Hluttaw representativeselected in equal number from regions and states but also withTatmadaw member Hluttaw representatives nominated by the DefenceServices Commander-in-Chief, he said.

Naturally, Pyithu Hluttaw representatives must be more thanAmyotha Hluttaw representatives, he said and proposed that the numberof Pyithu Hluttaw representatives be double that of Amyotha Hluttawrepresentatives. And so, he said, if the Pyithu Hluttaw is formedwith a maximum of 440 Hluttaw representatives, Amyotha Hluttaw beformed with 220 Hluttaw representatives or around that figure. Hesaid the number of Amyotha Hluttaw representatives, includingTatmadaw member Hluttaw representatives, for each region or stateshould be designated as 16 and as many national races as possibleshould be included in the Amyotha Hluttaw. Only then would they havean opportunity to submit matters concerning their self-administeredregion and self-administered state direct to the Amyotha Hluttaw anddiscuss them.

Concerning the formation of the Amyotha Hluttaw, he proposedthe following to serve as detailed principle to serve as bases:

-- The Amyotha Hluttaw shall be constituted with a maximumof 224 Hluttaw representatives:

(a) 12 representatives elected from each region orstate including one representative each from the self-administereddivisions or self-administered zones, if there are any in the regionor state concerned, totalling 168 Amyotha Hluttaw representatives;

(b) Four Tatmadaw member representatives from eachregion or state nominated by the Defence Services Commander-in-Chief,totalling 56 Amyotha Hluttaw representatives.U Ba Thaung

U Ba Thaung, member of the national races delegates group, ofKyunsu Township, Taninthayi Division, submitted the second part ofthe proposal paper.

He said a fundamental principle has been laid down that theState shall form a commission for the participation of national raceswith appropriate sizes of population in the legislature and theexecutive of the respective Region or State and self-administeredarea to enable them to deal with their national races affairs. Hesaid it is assumed that instead of forming a commission to deal withthe matter, it should be prescribed that a national race, if it hassuch and such size of population, has the right to participate as thenational races delegates in the legislature and administration of therespective Region or State and self-administered area. Instead offorming a commission, statistics and evidence of department concernedwhich keep demographic records should be used, he commented and saidthat as the nation has a population of 44 million, a national racehaving a population which accounts for 0.1 per cent of the nationalpopulation should have the right to participate in the legislatureand administration of the respective region or state and self-administered areas. In addition, he said, if persons of a nationalrace having a population of less than 44,000 wish to submit theiraffairs to the Region or State Hluttaws, they will have the right tosubmit through the Region or State Hluttaw elected from theirconstituencies.

If fundamental principles are laid down so, national unitywhich all aim at will be further consolidated, and regarding theformation of the Region or State Hluttaw, the following should belaid down as detailed principles to serve as bases:

-- Region or State Hluttaw shall be constituted as follows:(a) in regions or states, Region or State Hluttaw

representatives -- two elected from each township;(b) in regions, Region Hluttaw representatives -- one

elected from each national race, having a population whichconstitutes 0.1 per cent of the population of the State, of theremaining national other than those who have already got therespective region or a self-administered area in that region;

(c) in states, State Hluttaw representatives -- oneelected from each national race, having a population whichconstitutes 0.1 per cent of the population of the State, of theremaining national races other than those who have already got therespective state or a self-administered area in that state;

(d) Tatmadaw servicemen Hluttaw representativesnominated by the Defence Services Commander-in-Chief in a numberequal to one-third of the total Hluttaw representatives elected underparagraphs (a) and (b) or (a) and (c).

Chairman of the National Convention Convening Commission Lt-Gen. Myo Nyunt said in his address to the National Convention plenarysession on 2 September 1994, 'Moreover, it is necessary to especiallytake care in the course of discussions not to cause any harm to thepositive foundations of solidarity of the national races that are theresults of endeavours of the State Law and Order Restoration Council.Henceforth, in the ongoing discussions, we would like the delegatesto strive to obtain more of principles that will contribute towardsthe solidarity of the national races, which is our immediate as wellas long-term need", he said and called on the delegates to havemagnanimity and broad-mindedness and strictly adhere to the NationalConvention Procedures in accordance with the six objectives of theNational Convention so as not to cause any harm to the positivefoundations of solidarity of the national races. (NLM 12/6)

Plenary Session--ExecutiveDec. 6: The Plenary Session of the National Convention

continued, with 519 of 590 delegates present. Proposal papers on theExecutive were presented by the Peasants Delegates Group and theWorkers Delegates Group [full texts of "salient points" as publishedin NLM]:Peasant delegate group

U Maung Lwin, delegate of Yebyu Township, Tanintharyi Division,of peasant delegate group, submitted a proposal paper on "thestructure of the executive". He said the paper would be submitted inthree parts--first part by himself, second part by U Kyi Shwe ofOktwin Township, Bago Division, and third part by U Win Thein ofNatmauk Township, Magway Division. He said:

In appointing Pyidaungsu (Union) ministers and assigning dutiesto them, the President of the State should follow the method ofappointing and assigning duties to them with the approval of thePyidaungsu Hluttaw. To be able to do so, he must have the right tochoose suitable persons who meet the prescribed qualifications fromamong the Hluttaw representatives or non-Hluttaw representatives.Moreover, the President is to obtain nomination of the Tatmadawservicemen from the Defence Services Commander-in-Chief to appointthem Pyidaungsu ministers for defence, security, home affairs andborder areas portfolios. The President is to appoint the candidatesafter receiving the approval of the Pyidaungsu Hluttaw. In so doing,he is to designate portfolio or portfolios for each Pyidaungsuminister. The President is responsible for notifying the PyidaungsuHluttaw the matter of appointing Pyidaungsu ministers and assigningduties to them. It should be stipulated that Pyidaungsu ministers areresponsible directly to the President of the State.[Attorney-General]

He said the Pyidaungsu Attorney-General should be stipulated tobe a member of the Pyidaungsu government and he should be directlyresponsible to the President. So, detailed principles should be laiddown in connection with the appointment and assigning duties to thePyidaungsu Attorney-General as follows:

1. The President of the State shall get the approval of thePyidaungsu Hluttaw in appointing and assigning duties to a personfrom among the Hluttaw representatives or non-Hluttaw representativeshaving the following qualifications as the Attorney-General in orderto get legal advice and assign duties of a legal character: --

(a) who has attained the age of 45 years;(b) with the exception of age limit, having the

qualifications prescribed for Pyithu Hluttaw representatives;(c) (1) who has served as High Court Judge for at least

five years;(2) who, if he is a judicial officer or law

officer, has been for at least ten years in a position not lower thanregion or state level, or [sic]

(3) who has been an Advocate of High Courtfor 15 years' standing;

(4) who is assumed by the President to be alegal expert of prominent reputation.

(d) who is loyal to the State and the citizens;2. Pyidaungsu Hluttaw shall not have the right to reject the

nominee to be appointed Pyidaungsu Attorney-General unless it canprove clearly that he is not qualified to be Attorney-General;

3. the Pyidaungsu Attorney-General is a member of thePyidaungsu government;

4. the Pyidaungsu Attorney-General is directly responsibleto the President.U Khi Shwe[Auditor-General]

U Kyi Shwe of Oktwin Township, Bago Division, submitted thesecond part of the proposal paper. He discussed matters concerningappointment, assigning duties, impeachment, term of office,resignation, termination of duties and filling the vacant post ofPyidaungsu Auditor-General and Deputy Auditor-General. He said thePresident should appoint a suitable person who meets the prescribedqualifications as the Auditor-General to inspect the budget accountsof the government departments and present them to the respectiveHluttaws. The Naing-ngan-daw (State) Auditor-General should be calledPyidaungsu (Union) Auditor-General for change. In appointing andassigning duties, there should be the right to do so from among theHluttaw representatives or non-Hluttaw representatives. The Presidentis to submit the nomination to the Pyidaungsu Hluttaw for approval.[Civil service board]

He said in connection with formation of Pyidaungsu (Union)Civil Service Board, the following principles should be laid down asbases:

1. the President shall form the Union Civil Service Board toperform the duties of selecting and training civil service personneland to prescribe civil service rules and regulations;

2. the President shall appoint from five to nine members,inclusive of the Union Civil Service Board Chairman and assign themduties;

3. the President shall appoint those as the Chairman andmembers of the Union Civil Service Board who have the followingqualifications:--

(a) those who have attained the age 50;(b) with the exception of age limit, those who have the

qualification prescribed for Hluttaw representatives;(c) well-experienced intelligentsia and intellectuals;(d) those who are loyal to the State and the citizens;(e) those who are not party members;(f) those who are not Hluttaw representatives;

4. the Chairman and members of the Union Civil Service Boardshall be directly responsible to the President;

5. the term of office of the Chairman and members of theUnion Civil Service Board shall generally be the same as the term ofthe President; and

6. the duties, rights, privileges, resignation and removalfrom office of the Chairman and members of the Union Civil ServiceBoard shall be prescribed by promulgating a law.[Region/State government]

The Region/State Advocate-General should be a member of theRegion/State government as in the case of the Union Attorney-General.

In the Region/State, he should be called Advocate-General to bedifferent from the Union Attorney-General. The Region/Stategovernments should be formed with Region/State Chief Ministers,Region/State ministers and Region/State Advocate-General.

He said Region/State Okkahta (chairmen) should also beappointed Region/State Ministers and assigned duties. Moreover,Hluttaw representatives elected to undertake national race affairs inthe respective Regions/States would have to be appointed asRegion/State Ministers and assigned duties. There should includeexceptions relaxing the age limit stipulated for those persons whennecessary.[Region/State Chief Ministers]

In connection with appointing Chief Minister for the respectiveRegion/State and assigning him duties, detailed principles should belaid down as follows:

The President shall(a) choose a suitable person from among the respective

region or state Hluttaw representatives having prescribedqualifications,

(b) send the nomination to the respective region orstate Hluttaw for approval.

6. [sic] The President shall appoint the Hluttawrepresentative approved by the respective region or state Hluttaw asthe Chief Minister of the region or state.

7. The region or state Hluttaw does not have the right toreject the Hluttaw representative nominated by the President forappointment as Chief Minister unless it can clearly prove that thenominee is not qualified for the Chief Ministership.[Region/State Ministers]

As regards appointment of region or state Ministers, it shouldbe laid down as detailed basic principles that --

1. In order to appoint region or state Ministers, the regionor state Chief Minister shall

(a) select suitable persons from among those whopossess prescribed qualifications from among members of region orstate Hluttaw or from among non-members,

(b) ask from the Defence Services Commander-in-Chiefnomination of suitable Tatmadaw servicemen to assign security andborder affairs responsibilities,

(c) ask from the leading body of self-administereddivision or zone in the region or state nomination to appoint regionor state Ministers [sic],

(d) seek from respective election commission nominationof elected Hluttaw representatives to undertake national race affairsin the region or state.

2. The Chief Minister of the region or state is to compilethe list of names of persons he has selected, and names of Tatmadawmembers nominated by the Defence Services Commander-in-Chief andsubmit it to the region or state Hluttaw and seek its approval.

3. The region or state Hluttaw shall have no right toreject the region or state Chief Minister's nominations forappointment as Ministers, unless it can show clear proof of want ofqualifications prescribed for region or state Ministers.

4. the region or state Chief Minister is to submit to thePresident of the State to appoint as region or state Ministerspersons approved by the region or state Hluttaw, chairmen of self-administered divisions or zones, and Hluttaw members elected toundertake national race affairs.

5. The President is to appoint as region or state Ministersthe persons submitted by the region or state Chief Minister. In sodoing he is to assign portfolios to each in coordination with theChief Minister.U Win Thein

U Win Thein of Natmauk, Magway Division, submitted the thirdpart of the proposal paper compiled by the peasant delegates group.[Region/State Auditor-General]

He said detailed fundamental principles should be laid down forthe Region or State Chief Minister to select a person possessingprescribed qualifications and appoint him the Region or StateAuditor-General and assign him duties to be able to audit receiptsand expenditures and submit them to the Region or State Hluttawconcerned and to prescribe resignation, termination from duty,filling the vacant post and deeming him to have retired if he is acivil personnel.[Self-administered areas]

He spoke of the need to form organizations for theadministration of the self-administered division or the self-administered zone and suggested the administrative organization forthe self-administered division be called 'the self-administereddivision leading body (Oo-zi Aphwe)' and that for the self-administered zone be called the 'self-administered zone leading body(Oo-zi Aphwe)'.[Union territories]

He went on to discuss administration of the Union territory.A principle to serve as basis has been laid down that areas of

special situation in connection with defence, security,administration and economy of the Union shall be prescribed as Unionterritories and placed under direct administration of the President,he said. Being capital of the State, Yangon City is not only an areaof significant situation in connection with defence, security,administration and economy of the State but also a location ofvarious embassies, he said. He spoke of the reason of designatingYangon City as a Union territory placed under direct administrationof the President, saying it is a territory having diplomaticrelations, services undertaken with cooperation of internationalorganizations and foreign trade as it is a crucial place havinginternational aviation and maritime links.

The following should be laid down as detailed principles toserve as bases:

1. All districts and townships existing within Yangon Citydevelopment areas on the day the State Constitution comes into forceare in Yangon City that is the Union territory.

2. The President of the State has authority to redelineateas necessary districts and townships in Yangon City that is the Unionterritory.

3. A Yangon City Council shall be formed to exerciseexecutive power delegated by the President of the State in YangonCity that is the Union territory.

4. The President of the State is to prescribe qualificationsof the chairman and members of the Yangon City Council.

5. The President of the State shall appoint chairman andmembers of the Yangon City Council.

6. The President of the State shall obtain from theCommander-in-Chief of Defence Services names of members of theTatmadaw and appoint them as Yangon City Council members to integrateand coordinate security responsibilities.

7. Yangon City Council chairman and members shall bedirectly responsible to the President of the State.

8. The President of the State(a) may cause resignation or terminate the services of

the chairman or any member of Yangon City Council if not satisfiedwith his performance of duties;

(b) may appoint in accord with the provisions of theState Constitution replacement in the post of chairman or member ofthe Yangon City Council which become vacant due to various reasons;

(c) if it concerns members of Tatmadaw nominated by theCommander-in-Chief of Defence Services, it shall be coordinated withthe Commander-in-Chief of Defence Services.

9. Responsibilities and rights and privileges of thechairman and members of the Yangon City Council are to prescribed byenactment of law.

10. The head of General Administration Department concerning

Yangon City is the secretary to Yangon City Council. The GeneralAdministration Department concerning Yangon City is the office ofYangon City Council.

He went on to submit proposals on detailed principles to serveas bases concerning district-level administration which should beincluded and provided in the State Constitution.

He cited facts that the head of executive of the State is thePresident of the State, that the executive power of the State isdistributed among the administrative organs of Pyidaungsu, regions orstates; self-administrative power shall be distributed to self-administered areas as stipulated by the State Constitution, and thatPyidaungsu, regions, states, self-administered areas and districts'executive organs include Tatmadaw servicemen nominated by the DefenceServices Commander-in-Chief to undertake responsibility of defence,security, border administration etc. He said the facts contributed tofurther consolidation of national unity and are in conformity withthe point to build a genuine democratic State.[District-level administration]

He spoke of the need for district-level administration to havethe full force of administrative machinery as a district is organizedwith townships and accordingly, the district-level administration hasto deal with differences between one area from another, providesupervision to townships practically implementing security,administration, economy, social affairs, education and generaldevelopment of vast areas and plans and projects of the State, serveas a link between the upper and lower levels, inspect progress ofimplementation of projects and manage security, administration andcommunity peace and tranquillity. He said there will be weaknesses ininspection of projects concerning economy, education, social anddevelopment foundations if one kind only, Tatmadaw members assignedby the Commander-in-Chief of Defence Services is included in theadministrative force of a district to discharge security, prevalenceof law and order and community peace and tranquillity.

He said it is considered whether administration by group isbetter than individually undertaking as the district administrator ortownship administrator, whether reciprocal control will furthersignify the State Constitution and whether it will be a load for thepersonnel concerned to be charged with administrative functions inaddition to office duties and so our delegates group is of theopinion that there should be an administrative system inclusive ofpersons selected and assigned.[Wards and Village-tracts]

Discussing ward and village-level administration, he said it isa level in direct contact with the people and so important. Hesuggested that suitable persons be appointed and assigned duties,ward and village-tract administrative bodies be formed and duties andrights be prescribed by enactment of law.

He said that regarding formation of ward/village-tract bodies,the following should be laid down as fundamental principles to serveas basis:

1. Ward/village-tract administrative body shall be formed inevery ward/village-tract.

2. The ward/village-tract administrative body consists ofthree members.

3. The ward/village-tract administrative body consists ofchairman, secretary and member nominated by the chairman of thedistrict administrative body.

4. Ward/village-tract administrative board [sic--presumably"body" was meant] members shall possess the following qualifications:

(a) being a person who has completed 30 years of age;(b) being a person who is morally upright;(c) being a person who is a settler in the ward/village

concerned;(d) being a person who is loyal to the State and

nationals;(e) being a person who is not member of any political

party.5. Duties, rights and privileges of ward/village-tract

administrative bodies shall be prescribed by enactment of law.He said the delegates group submitted the proposals, believing

they would contribute to perpetuation of sovereignty and non-disintegration of national solidarity, and would respect discussionsand other proposals of common opinion which will benefit the Stateand nationals.Worker delegates group

U Wan Htain of the worker delegates group, delegate fromThanbyuzayat Township, Mon State, said a sovereign independentgovernment was needed; it must be able to safeguard peace andsecurity life of citizens life and promote their socio-economic well-being; it must practise well-founded and strong executive system thatcan run freely, actively and dynamically.

He said detailed basic principles should be laid down asfollows:

1. The executive head of the State is the President of theState;

2. (a) The executive power of the State is distributedamong the Union, Regions and States;

(b) Self-administration powers are delegated to self-administered areas as prescribed by the Constitution;

3. The Union government shall be set up with the followingpersons:

(a) President of the State(b) Vice-Presidents(c) Union Ministers(d) Attorney-General of the Union;

4. The President of the State may(a) prescribe Union ministries as necessary, make

changes or additions thereto;(b) prescribe the number of Union ministers as

necessary, and increase or decrease the number;5. Union ministers must possess the following

qualifications:(a) they must be at least fully 40 years of age(b) they must have qualifications prescribed for Pyithu

Hluttaw representatives except of the qualification of age(c) they must be loyal to the State and the citizenry.

[Union Ministers]The President of the State is to appoint Union ministers to

form the Union government; it is highly important to correctly assessqualifications and abilities for these appointments, as they willhave to shoulder heavy responsibilities of the State.

According to the principle laid down, he said, the President ofthe State is to get the nomination from the Commander-in-Chief of theDefence Services to appoint Union ministers for defence, security andhome affairs and border affairs. The Commander-in-Chief of theDefence Services is to take great care to nominate only fullyqualified persons. The nomination is to be presented for approval bythe Pyidaungsu Hluttaw. It will be highly essential for the Presidentof the State and Pyidaungsu Hluttaw to be guided by common stand andviews with consideration of the interests of the State, free of bias,in coordinating and deciding on the nominations. As Union ministersare the ones to wield executive power, they have to be persons whowill serve the interests of the people actively and uprightly. It isto be stipulated that the Pyidaungsu Hluttaw has no right to turndown anyone in the nomination of the President of the Union if itcannot show clear proof of any wanting in qualifications.

The President of the Union is to designate ministries to Unionministers who would be taking responsibilities individually. If hedeems it suitable in the interests of the State to appoint Tatmadawmembers as Union ministers also for ministries other than those fordefence, security/home affairs, and border affairs, he should have

the right to proceed in coordination with the Commander-in-Chief ofthe Defence Services. (NLM 12/7)

Dec. 7: The Plenary Session of National Convention met, with522 of 590 delegates present. Proposal papers on the Executive weresubmitted by the worker delegates group (final portions), theintellectuals and intelligentsia group, and the Service personnelgroup [full texts]:[Worker delegates group, cont.]

U Win Htut Nyunt of the worker delegates group, delegate fromHpa-an Township, Kayin State, [Auditor-General]said the President of the State is to select a fully qualified personand appoint that person as the Auditor-General. He should have theright to select and appoint a suitable person from among Hluttawmembers or from among others. He should present his nomination to thePyidaungsu Hluttaw and seek its approval thereon.

Rights and ways should be prescribed in the interests of thecitizenry to impeach the Auditor-General of the Union in case of thelatter's moral turpitude, breach of allegiance to the State, andviolation of the provisions of the Constitution.[Public Service Commission]

Detailed principles are to [be] laid down for the President toselect qualified persons as chairman and members of the PublicService Commission. As they have to have rich experience, knowledgeand wisdom, detailed principles have to be laid down as regardsqualifications and age stipulations for them. It should also bestipulated that they must have qualifications required of Hluttawmembers except the age stipulation and must also be free of partypolitics.[Region/State governments]

Union government and Region or State government must haveproper links and delineations must be laid down in detail with firmprovisions so as not to have any cause for arguments in the long run.

The President of the State is to select one from among Regionor State Hluttaw members for appointment as chief minister of theRegion or State. It should be laid down that there is no right toselect anyone from among others for this purpose.

So, he said, detailed principles should be laid down asfollows:

1. For Region or State, there shall be Region or Stategovernment;

2. Region or State government shall be formed with thefollowing:

(a) Chief Minister of Region or State(b) ministers of Region or State(c) Chief Attorney of Region or State

3. The President of the State may(a) prescribe Region or State ministries as necessary,

make changes or additions thereto;(b) prescribe the number of Region or State ministers

as necessary, and increase or decrease the number;Region or State governments are highest bodies of executive

power in Region or State. They must have integrity and esteem of thepeople of Region or State. Rights and ways should be prescribed toimpeach the Region or State ministers in case of the latter's moralturpitude, breach of allegiance to the State and the citizenry,violation of the provisions of the Constitution and deterioration ofqualifications.U Soe Myint

U Soe Myint of the worker delegates group, delegate fromSagaing Township, Sagaing Division, said that as the chief ministerof Region or State is to examine the budget and present it to theRegion or State Hluttaw, there should be provision for right toappoint the auditor-general of Region or State. Detailed principlesshould be laid down prescribing the latter's qualifications, status

(it should be that of region or state minister), age stipulation,responsibility, impeachment, resignation, termination, retirement andso on.[Self-administered area]

For self-administered division and zone, executive bodies needto be formed; they should be called oozi aphwe (leading council);they will exercise powers conferred by the Constitution; the divisionor zone will also get legislative power conferred by theConstitution; so detailed principles should be laid down explicitly.

Self-administered division and self-administered zone are to beequal in status; their oozi aphwe are to be formed with Region orState Hluttaw members elected by townships in the self-administereddivision or self-administered zone and Tatmadaw members nominated bythe Commander-in-Chief of the Defence Services to be given securityand border affairs duties; so are detailed principles to be laiddown.

Also to be prescribed are principles concerning methods toelect the chairman of the oozi aphwe of self-administered division orzone, term of office, impeachment, resignation, termination,replacement, retirement and so forth.

In the oozi aphwe of self-administered division or zone, onefourth of the total number of members are to be Tatmadaw memberrepresentatives, and he said it was appropriate.

It is also appropriate that the head of the generaladministration department of self-administered division or zone is toserve as secretary to the oozi aphwe of that division or zone as itwill be conducive to greater effectiveness in administration.[Union territories]

It has been laid down as a principle that Yangon, the capitalof the State, is prescribed a Union territory. Detailed principlesare to be laid down for formation of the Yangon City Council andright of appointment of its chairman, and other matters.[Local government]

District and township administrative bodies are ones dealingdirectly with the people. The majority of people regard them as thegovernment. Their actions have a reflection on the government. Therecan be taken many lessons from past experiences. They were supposedto represent the people as well as the higher levels of authority;but even as they did have some strong points, the people lost faithin them and turned their backs on them. We believe we must takelessons from that and shape our present-day district and townshipadministrations to be in keeping with our cherished objective forflourishing of genuine multi-party democracy system.

We have presented matters as we think best. The delegates areat liberty to consider and determine them in accord with majoritywill.Intellectuals and intelligentsia

U Pe Than (Superintending Engineer) of the intellectuals andintelligentsia delegates group submitted the group's proposal paperon the structure of the chapter "The Executive" to be included in theConstitution. He said:

Necessary laws have to be promulgated in the world nations toprotect the citizens and their property and to enable them to enjoytheir rights fully or in other words to protect them from the dangersof anarchism. There has to be the executive body to see that suchlaws are abided by the citizens. If their are law breakers in spiteof laws and the government in existence, judicial bodies have to takepreventive and punitive measures. They have to protect the interestsof the citizens. That is why the legislature, the executive and thejudiciary are described as the three branches of sovereign power ofthe people which must be exercised properly.

He noted the National Convention is formulating a new structureof the executive conforming to the conditions in the country afterstudying the world designs of the executive and history of Myanmaexecutive structure. Myanmar is home to numerous national races

mingling in friendship and cooperation. Suitable executive design forMyanmar is to be opted. It must serve the interests of the peopleencompassing all the national races of the country ensuring thepeople's unity, peace, tranquillity and progress, and it should betruly democratic reflecting the sovereign power of the people.[Checks and balances]

He said clarifications of the Work Committee Chairman U AungToe made at the plenary session of the National Convention on 2September 1994 conform to the points just stated. They also conformto the fundamental principle laid down by the National Conventionthat three powers of the State shall be distributed and exercisedthrough reciprocal control, check and balance. If the three powersare not distributed but vested in a single person or single groupthis could lead to dictatorship of one person or a single party; ifthe three powers are vested to the legislative, executive andjudicial bodies for their independent charge there could emerge threerival dictatorial bodies. So, the new executive structure ofexercising powers through reciprocal control and check and balance ismost appropriate.

The National Convention has already laid down a basic principlein connection with separation and distribution of sovereign Statepower that the three branches of State power, namely, legislativepower, executive power and judicial power are separated as much aspossible and exert reciprocal control, check and balance amongthemselves. Work Committee Chairman U Aung Toe clarified that ifPyidaungsu (Union) Minister or Deputy Minister appointed and assignedduties is a representative of any Hluttaw, it is deemed he hasresigned from the date he is appointed as Pyidaungsu Minister orDeputy Minister. Separation as much as possible at the Union level isappropriate.

Separation and exercise of power through reciprocal control andcheck and balance is like what philosopher Montesquieu stated as"Power should be a check to power."[Region/State governments]

There will be Region governments and State governments inMyanma future administration. Chief Ministers will emerge as heads ofsuch governments. The Head of the Pyidaungsu Government or thePresident will have to distribute and delegate executive powers tothe respective Chief Ministers of the regions and states. The Regionand State Chief Ministers too will be directly responsible to thePresident.

It is observed the principle stating that the President shallselect one suitable Hluttaw representative from among Hluttawrepresentatives of the respective Regions or States and appoint themChief Ministers with the approval of the Region or State Hluttawsconcerned is an appropriate one.

The Region or State Chief Ministers are representatives of therespective Region or State Hluttaws and heads of those governments.They have to nominate Region or State Ministers and extend help innominating candidates for appointing the respective Region or StateChief Judges and judges. As such duties are heavy, the President orthe respective Hluttaws will have to apply control and check andbalance on the Chief Ministers.

Tatmadaw servicemen are born of all strata of people residingin Myanmar. They are prepared to sacrifice their life. Civil servantstoo have rendered their physical and intellectual efforts.Intellectuals and intelligentsia, lawyers and legal experts can servethe interests of the country much depending on their abilities andskills.

Hence, the governments that will emerge according to theconstitution being written will certainly be people's governments anddemocratic governments of justice and fairness towards the people.Those included in the governments are expected to be good and ablepersons of creativity.

As stated in the principle, "the Head of the State is thePresident of the State", the President has the right to choose

persons he considers suitable and appoint them as PyidaungsuMinisters and Pyidaungsu Attorney-General. He is to scrutinize andappoint Ministers and Advocates-General nominated by the Region orState Chief Minister for the respective Region or State governments.

Since the President and the Chief Ministers are mere humanbeings, questions may arise whether they will be able to correctlychoose and appoint Ministers, the Attorney-General and the Auditor-General free from malpractices.

To avoid such instances, it has been laid down in the basicprinciple that the President has no right to directly appoint thePyidaungsu Attorney-General from among the nominees out of his ownfree will but he has to do so only after the approval of thePyidaungsu Hluttaw.

It is also observed the principles to be based in the executivestructure as envisaged by the National Convention Convening WorkCommittee conform to the flourishing of genuine multi-party democracysystem.

Moreover, they reflect the five [sic] objectives of theNational Convention.

Hence, some additions and suggestions of the intellectuals andintelligentsia delegates group and the basic principles as clarifiedby the Work Committee Chairman for the executive structure willsuitably be applied in the future Myanmar.State Service personnel delegates group

U Maung Toe of State service personnel delegates group said thehead of State is the President; there will also be vice-presidents toassist him; there will also be Union ministers to carry out work; thesetup of government is of a nature that is amenable to necessity inperformance of responsibilities.

He said the rule of law is most essential; policies, works anddecisions to be laid down by the President need to be scrutinised andadvice given to be in accord with law; so, to carry out this duty,the Attorney-General of the Union needs to be included in the Uniongovernment. With that the formation of the Union government will beadequate and appropriate.[Union ministers]

The President is to appoint Union ministers; qualifications areprescribed for them; they must be at least 40 years old; the mustpossess qualities required of Pyithu Hluttaw members; they must beloyal to the State and the citizenry. The age stipulation of 40 isappropriate.

For appointing Union ministers the President should seek theapproval of the Pyidaungsu Hluttaw. The President should have rightto choose from among Hluttaw members as well as non-members so as toget experienced and learned persons as Union ministers in thenational interest. The President is to get nominations from theCommander-in-Chief of the Defence Services for appointment of Unionministers for defence, security, home affairs and border affairs. Thelatter is to nominate persons who possess qualities required forUnion ministers.

It should be stipulated that Pyidaungsu Hluttaw shall not havethe right to turn down the nominations for Union ministers unless itcan show clear proof of any wanting in qualifications.

If the Pyidaungsu Hluttaw turns down any nomination, thePresident should have the right to make the nominations anew and seekthe approval of the Pyidaungsu Hluttaw.

The President is to assign a ministry or ministries to each ofthe Union ministers; if he deems it necessary to appoint Tatmadawmembers as Union ministers other than those for defence, security,home affairs and border affairs he needs to have the right tocoordination with the Commander-in-Chief of the Defence Services.

It should be stipulated that Union ministers have theresponsibility to inform the Pyidaungsu Hluttaw, and that they shallbe responsible directly to the President of the State.[Attorney-General]

The President should choose a qualified person from amongHluttaw members or non-members and present the nomination to thePyidaungsu Hluttaw for approval for appointment as the Attorney-General of the Union; this person must be experienced and at least 45years old, must possess the qualities required of Hluttaw members,must have served as Taya Hluttaw Judge for at least five years, ormust have served as judicial service personnel or law servicepersonnel at a post not lower than Region or State level for at leastten years, or must have worked as an advocate for at least 20 years,or must be a person deemed by the President to be a legal expert ofhigh reputation; he must also be loyal to the State and thecitizenry.

It should be stipulated that Pyidaungsu Hluttaw shall not havethe right to turn down the President's nomination for Attorney-General unless it can show clear proof of any wanting inqualification.

The Attorney-General of the Union should be included in theUnion government. He is to be directly responsible to the President.

Just as there is right to impeach Union ministers, there shouldalso be right to impeach the Attorney-General for breach ofallegiance to the State, violation of the Constitution, moralturpitude, or deterioration of qualifications required for the post.

Impeachment of the Attorney-General should be in accord withthe procedures for impeaching the President or Vice-President. If theHluttaw making or directing inquiry submits that the charges areproved right and the person impeached should no longer continue tohold the post of Attorney-General, the President is to terminate theservices of the person as Attorney-General. If the Hluttaw concerneddecides that the charges are untrue, the speaker of the house is toreport that decision to the President.Cmdr. Soe Thein (Navy)[Auditor-General]

Cmdr. Soe Thein (Navy) of State Service personnel delegatesgroup said the President should choose a qualified person from amongHluttaw members or non-members and present the nomination to thePyidaungsu Hluttaw for approval for appointment as the Auditor-General of the Union; this person should be experienced and at least45 years old, must possess the qualities required of Hluttaw members,must have served as auditor at a post not lower than Region or Statefor at least ten years, or must have worked as registered accountantor certified public accountant for at least 20 years, or must be aperson deemed by the President to be a statistician ("an accountant"should be added here) or an economist of high reputation; he mustalso be loyal to the State and the citizenry.

It should be stipulated that Pyidaungsu Hluttaw shall not havethe right to turn down the President's nomination for Auditor-Generalunless it can show clear proof of any wanting in qualification.

The Auditor-General is to be directly responsible to thePresident.

The Auditor-General has to audit the accounts of Unionministries. If the person is included in the government, the personmight be acting in the interests of the government with a viewtowards protecting the image of the government; if he isindependently responsible to the President, he will be in a positionto report weaknesses of Union ministries without any bias oraffiliation; so it must be taken that the Auditor-General should notbe included in the government.

The Auditor-General should have the same status as Unionministers, as a person who has to audit receipts and expenditures inthe Union budget and submit report thereon, and also as a person ofprime importance in the Public Accounts Committee (PAC).

Just as there is right to impeach Union ministers and theAttorney-General, there should also be right to impeach the Auditor-General for breach of allegiance to the State, violation of theConstitution, moral turpitude, or deterioration of qualificationsrequired for the post.

Impeachment of the Auditor-General should be in accord withprocedures for impeaching the President or the Vice-President. If theHluttaw making or directing inquiry submits that the charges areproved right and the person impeached should no longer continue tohold the post of Auditor-General, the President is to terminate theservices of the person as Auditor-General. If the Hluttaw concerneddecides that the charges are untrue, the speaker of the house is toreport that decision to the President.

As the Auditor-General and Deputy Auditor-General are personsto serve the interests of the Union and the people, there should beprovision that, if they belong to any political party, they areprohibited from undertaking any party work of their partyorganization during their term of office. Their rights and dutiesshould be prescribed by law.[Public Service Commission]

In practising genuine multi-party democracy in the country,parties with most votes can form governments and there can be changesof government after, or even during, a term of Hluttaw; yet Statemachinery has to run without interruption to ensure safety of lifeand property of the people; State service personnel need to be highlyefficient; to have highly efficient services personnel and to ensureuniformity in their recruitment and training, the work should beentrusted to the Public Service Commission. It has been recommendedthat a public service commission be formed with five to nine membersincluding the chairman. He said the number of members of thecommission should not be fixed in the Constitution but prescribed bylaw so that it can be changed with ease if necessary later. Soformation of a public service commission should be included in Para(6); Para (2) is no longer necessary; Hluttaw should be substitutedwith Pyithu Hluttaw in Clarification Para (3) Sub-Para (Khagwe); itshould be mentioned that the public service commission chairman shallbe responsible to the President and public service commission membersshall be responsible to the commission chairman and, through him, tothe President.[Region/State government]

Persons with necessary and suitable qualifications should bechosen for appointment as Chief Minister or ministers of Region orState. It is appropriate to fix the lower age limit as 35 years; theymust also be loyal to the State and the citizenry; they must alsohave qualities required of Region or State Hluttaw members except forage.

Self-administered division or zone chairmen are to be ex-officio Region or State ministers; Region or State Hluttaw memberselected to take charge of national race affairs in the Region orState, too, are to be Region or State ministers; for these persons,it may be necessary to relax the age stipulation of 35 years; it willbe necessary to provide for that.

The President should choose a suitable and qualified personfrom among Region or State Hluttaw members to be the chief ministerof Region or State; it should be laid down that there is no right tochoose from among others who are not members of State or RegionHluttaw; the nomination of a person so chosen should be presented tothe Region or State Hluttaw for approval; it should be laid down thatthe Region or State Hluttaw has no right to turn down the President'snomination for the chief minister's post unless it can show clearproof of any wanting in qualification of the nominee for the post.

The status of the chief minister should be prescribed not toolow or not too high; the basic spirit needed is to play whatever roleone is required to play in the cause for emergence of a peaceful anddeveloped State in future; the status of the Region or State chiefminister should be the same as the Union minister; both are similarlycharged with tactical implementation of strategic objective ofemergence of a peaceful and developed State as laid down by thePresident and the Vice-President and so they should be of equalstatus. (NLM 12/8)U Kyi Aye

U Kyi Aye went on to submit the proposal paper of the Stateservice personnel delegate group.

Regarding appointment of region or state Ministers andassignment of duties to them, he stressed efficiency andqualifications. He suggested that the region or state ministers beselected from among Hluttaw representatives or non-Hluttawrepresentatives, saying by doing so, there will be effectiveness inadministration. He suggested that the region or state Chief Ministerselect the minister of his own will from among Hluttawrepresentatives or non-Hluttaw representatives.

Concerning defence and border affairs, he said Tatmadawservicemen who are more proficient in these matters be assignedduties and to be able to assign duties thus, names of Tatmadawservicemen are to be asked from the Commander-in-Chief of the DefenceServices.

The region or state Chief Minister, he said, is to compilenames of persons selected of his own will and names of Tatmadawservicemen nominated by the Commander-in-Chief of the DefenceServices in a list which is to be submitted to the respective regionor state Hluttaw for obtaining approval. It should be prescribed thatthe region or state Hluttaw shall not have the right to reject theregion or state Chief Minister's nominations for appointment asministers, unless it can show clear proof of want of qualificationsprescribed for region or state Ministers. He commented that by sodoing there will be harmony and balance between the rights of therespective Chief Minister and the Hluttaw.

He said that if the region or state Chief Minister wishes toassign other duties to Tatmadaw servicemen in addition to securityand border affairs as region or state Minister, he should do so aftercoordination with the Commander-in-Chief of the Defence Services, andonly then would there be effectiveness of functions and reciprocalcheck, control and balance between the Commander-in-Chief of theDefence Services who takes responsibility for the Tatmadaw servicemenand the respective Hluttaw.U Khin Maung Myint

U Khin Maung Myint went on to submit the proposal paper of theState service personnel delegate group.

He cited an extract from the National Convention Convening WorkCommittee Chairman's address delivered on 2-9-94, 'I have clarifiedparticipation of the Tatmadaw servicemen representatives, one-fourthof the total Hluttaw representatives, in the legislation sector. So,one-fourth of the total members of the self-administered divisionleading body (Oo-zi Aphwe) or self-administered zone leading body(Oo-zi Aphwe) should be Tatmadaw servicemen representatives'.

In the clarification, he said, it was said members of the self-administered division or self-administered zone leading body shouldpossess qualifications prescribed for the region or state Hluttawrepresentatives and Tatmadaw servicemen leading body members shouldalso possess qualifications prescribed thus.

He said it should be provided 'Tatmadaw servicemen nominated inaccordance with law by the Commander-in-Chief of Defence Services tobe assigned duties as members of the self-administered division orself-administered zone leading body shall possess qualificationsprescribed for region or state Hluttaw representatives'.[Union territories]

Regarding the formation of the Yangon City Council, he said,the chairman and members of the Council are to be appointed andassigned duties and their qualifications should be prescribed.

He stressed experience for members of the Yangon City Counciland said the Council member's age should be prescribed as at least 35years to be able to manage multifarious duties of the council. Hesaid a fundamental principle should be laid down that 'the Councilmember shall possess qualifications prescribed for Hluttawrepresentatives except the age limit' and also that 'the person to beappointed Yangon City Council member shall be subject to provisionsdenying rights to stand for election to the Hluttaw'. It would be

thorough to prescribe that the Council member shall also possessqualifications designated by the President of the State.

He said that a fundamental principle has been laid down to theeffect that Yangon City and Cocogyun Township are designated as Unionterritories and are placed under direct administration of thePresident of the State and in accordance with the principle, YangonCity and Cocogyun Township will become Union territories under directadministration of the President of the State when the newConstitution emerges. As it has been stated that administrator ofCocogyun Township is responsible to the President of the State or tothe person assigned by the President of the State, it is found thatthe President has the authority to assign duties to a person, hesaid.

He expressed belief that the President is in a position toassign duties to the Yangon City Council for security,administration, economy and social affairs of Cocogyun Township. So,he proposed that regarding administration of Cocogyun Township, whichis the Union territory, administrative responsibilities be assignedto the Yangon City Council without separately appointing a person asthe administrator.[Local government; appointed, not elected]

Regarding administrative matters of district, he commentedtownship and ward and village-tract levels are to implement policieslaid down by the government in accordance with laws. So, he said,persons taking responsibilities at these levels must be able to causecontinuous operation of work without delays or cessations and onlythen would the nation achieve modernity and development. Personsassuming duties at the levels must have functional experience andskill, contacts between themselves and understand policies anddirectives laid down by the higher authorities, and they are to givedecisions in time on imperative matters. He spoke of formerlyassigning duties to personnel or elected organs in the levels andpointed out that there had been delays in discharging duties whenthere were occasions lacking full presence of members in a system ofcollective undertaking as an organization.

He said when elected organs were assigned administrativeduties, it usually happened that their term expired when they hadbecome familiar with respective laws, rules and discipline, and oldmembers might or might not [be] included in the new term. He saidthere were delays for the people to be able to enjoy their rights asnew members took time studying laws, rules and discipline duringtheir tenure.

In this country, which is practising multiparty democracysystem, there will be persons from various parties when bodies todeal with administrative affairs are formed, he said and spoke ofpossibility of cessation of implementation of work at district,township and ward/village-tract levels due to different opinions onthe matters.

He spoke of competitions and canvassing in the past by variousmeans in electing regional authorities for respective districts,townships, wards and village-tracts and dissentions and conflicts. Hereminded that such cases may harm national unity and undermine ruleof law and peace and tranquillity.

In electing persons who will provide leading role in wards andvillage, there can be party politics and attempts of various partiesto bring about election of the person who supports their parties, hesaid. If such a person is elected, he will probably employ variousmeans and use his influence for the party he supports to win in thegeneral elections. So, he said such weaknesses in the past should beavoided for the posterity.

He said heads of ward or village-tracts are persons closely intouch with people and if a person of integrity, who is respected bythe majority, is appointed head of the respective ward or village-tract, people will accept his leadership with satisfaction and itwill further strengthen unity of ward or village residents.

So, he suggested that a person of integrity, who is respected

by majority, should be appointed in accordance with law as head ofward or village-tract, as accepted formerly in various regions,instead of appointing him by election.

He said that township and ward and village-tract levels are toimplement policies and directives laid down by the central, region orstate levels in conformity with law, procedures and within theframework of policy and they must have experience, efficiency andbeing able to carry out duties in time every day. He remarked thatthe State and the people will enjoy benefits in the long-term ifthese duties are carried by personnel and persons assigned.

So he suggested a fundamental principle should be laid downthat district and township-level administrative duties are to becarried out by State service personnel to be appointed and ward andvillage-tract-level administrative duties are to be carried out byappointing a person of integrity, respected by the majority.

He said the State service personnel delegate group put forwardthe proposals based on the chief and crucial objective of theNational Convention for bringing about welfare of the State and thenationals as best as possible. (NLM 12/9)

Dec. 8: The Plenary Session of the National Conventioncontinued, with 525 of 590 delegates present. Proposal papers on theExecutive were read by delegates from the Other Invited Persons group(second and third parts) and from three delegates from the PoliticalParties delegates group.[Other invited persons group]U Saw Hla Tun

U Saw Hla Tun of Chaung-U Township of other invited personsgroup said basic principles should be laid down as follows:

1. The executive head of the State is the President of theState;

2. (a) The executive power of the State is distributedamong the Union, Regions and States;

(b) Self-administered powers are delegated to self-administered areas as prescribed by the Constitution.

3. The Union government shall be set up with the followingpersons:

(a) President of the State(b) Vice-Presidents(c) Union Ministers(d) Attorney-General of the Union

4. The President of the State may(a) prescribe Union ministries as necessary, make

changes or additions thereto;(b) prescribe the number of Union ministers as

necessary, and increase or decrease the number;5. Union ministers must possess the following

qualifications:(a) they must be at least fully 40 years of age;(b) they must have qualifications prescribed for Pyithu

Hluttaw members except the qualification of age;(c) they must be loyal to the State and the citizenry.

The following principles should be laid down to appoint Unionministers:

1. The President shall(a) choose suitable and qualified persons from among

Hluttaw members as well as non-members for appointment as Unionministers;

(b) get nominations from the Commander-in-Chief of theDefence Services for appointment of Union ministers for defence,security, home affairs and border affairs.

2. The President is to present these nominations to thePyidaungsu Hluttaw for approval.

3. Pyidaungsu Hluttaw shall not have the right to turn downthe nominations for Union ministers unless it can show clear proof of

any wanting in qualifications.4. If the Pyidaungsu Hluttaw turns down any nomination, the

President should have the right to make nominations anew and seek theapproval of the Pyidaungsu Hluttaw.

5. The President is to appoint approved nominees as Unionministers and assign a ministry or ministries to each of the Unionministers.

6. If the President deems it necessary to appoint Tatmadawmembers as Union ministers other than those for defence, security,home affairs and border affairs he shall proceed in coordination withthe Commander-in-Chief of the Defence Services.

7. The President shall report to the Pyidaungsu Hluttawevery time it [sic] makes an appointment of Union ministers.

8. The Union ministers shall be directly responsible to thePresident.

It is necessary for the President to choose a suitable andqualified person for appointment as Attorney-General; there shouldalso be right to impeach the Attorney-General for breach ofallegiance to the State, violation of the Constitution, moralturpitude, or deterioration of qualifications for the post.

It is necessary for the President to choose a suitable andqualified person for appointment as Auditor-General; there shouldalso be right to impeach the Auditor-General for breach of allegianceto the State, violation of the Constitution, moral turpitude, ordeterioration of qualifications for the post.

It is also necessary for the President to have the right tochoose a suitable and qualified person from among Hluttaw members ornon-members and appoint the Deputy Auditor-General.

For raising efficiency of services personnel and ensureuniformity in recruitment and training, there should be a centralbody; it should be the Union Civil Service Board; the Presidentshould choose qualified and suitable persons as its chairman andmembers and form the board; detailed principles should be laid downto stipulate the number of members, qualifications, including that ofbeing free from party politics, age stipulation etc.[Region/State government]

The following principles should be laid down:1. Region government shall be formed in Region; State

government shall be formed in State;2. Region or State government shall be formed with the

following:(a) Chief Minister of Region or State;(b) Ministers of Region or State;(c) Advocate-General of Region or State.

3. The President of the State may(a) prescribe Region or State ministries as necessary,

make changes or additions thereto;(b) prescribe the number of Region or State ministers

as necessary, and increase or decrease the number.4. Region or State ministers must possess the following

qualifications:(a) they must be at least fully 35 years of age;(b) they must have qualifications prescribed for Region

or State Hluttaw members except the qualification of age;(c) they must be loyal to the State and the citizenry.

5. To appoint as chief minister of Region or State, thePresident of the State shall

(a) choose a qualified and suitable one from amongRegion or State Hluttaw members;

(b) present the nomination to the Region or StateHluttaw.

6. The President of the State shall appoint the Region orState Hluttaw member approved by the Region or State Hluttaw as thechief minister of Region or State.

7. Region or State Hluttaw shall have no right to turn downanyone in the nomination of the President of the Union if it cannot

show clear proof of any wanting in qualifications.Chief minister of Region or State should have right to choose a

qualified and suitable person and present nomination to Region orState Hluttaw for appointment as chief auditor of Region or State;detailed principles should be laid down on age stipulation,qualifications, required experience of service, requirement ofloyalty, appointment by the President of the State, responsibility,impeachment, replacement, retirement from service.[Union territory]

Yangon being the capital of the State is to be prescribed asUnion territory; all districts and townships in the city developmentarea on the day the Constitution comes into force should be includedin Yangon the Union territory. The President should have right tomake changes as necessary as regards districts and townships inYangon.

Principles should be laid down for formation of Yangon CityCouncil, appointment of a chairman, prescribing qualifications ofcouncillors, getting nominations of Tatmadaw members and appointingcouncillors, holding council chairman and councillors directlyresponsible to the President, and on matters of termination fromduties, resignation, replacements, functioning as Yangon City Councilsecretary, designating the office of Yangon City Council etc.Dr. Chan Tha (a) U Nyi Nyi

Dr. Chan Tha (a) U Nyi Nyi of Maungtaw Township, NationalConvention delegate of other invited persons group, submitted theremaining part of the proposal paper compiled by the group.

He said a fundamental principle 'Cocogyun Township which hasspecial situation is designated a Union territory and placed underdirect administration of the President has been laid down.

He suggested a township administrator be appointed to exerciseadministrative power for Cocogyun Township, a Union territory, andthe President should select of his own will a person possessingqualifications prescribed for Hluttaw representatives to appoint himCocogyun Township Administrator, adding fundamental principles inconnection with resignation, removal from office, filling the vacantpost and assigning duties and designation of the Administrator'sOffice should also be laid down.[Region/State government]

He submitted a proposal that concerning regionaladministration, the District Administrator and the TownshipAdministrators, who are of the personnel organization, becontinuously charged with administrative duties at district ortownship levels.

At district level, Tatmadaw servicemen assigned by theCommander-in-Chief of Defence Services should be permitted toparticipate together with the District Administrator in the affairsof security, rule of law and community peace and tranquillity, hesaid.

He said the ward and village-tract are levels which have directcontact with the people in administration and so ward or village-tract administrators elected by the people should be assigned duties,adding election of ward/village-tract administrators, prescribing offunctions and duties and granting of rights and privileges should beprovided by enactment of a separate law.

He said proposals obtained after thorough discussion of theinvited persons group on the chapter the Executive to be included inwriting the State Constitution had been submitted and went on tosubmit significant proposals and suggestions of some delegates in thegroup.[Shan State (North) Special Region 7]

He submitted proposals submitted by leader of Shan State(North) Special Region 7 as follows:

(1) In connection with the formation of the Pyidaungsu(Union) government,

(a) the President shall designate the Union government

ministries, make changes in and additions to the designatedministries, allocate the number of Union ministers and increase ordecrease the allocated number after obtaining approval from the UnionHluttaw;

(b) Tatmadaw servicemen nominated by the Commander-in-Chief of Defence Services to be appointed Union ministers shallpossess qualifications prescribed for Union ministers.

(2) In connection with the removal from office of UnionMinisters and Deputy Ministers,

-- the President shall have the right to order theresignation of the Union Minister or Deputy Minister appointed byhimself or the Union Minister or Deputy Minister, who is the Tatmadawserviceman nominated by the Commander-in-Chief of Defence Services,if he has failed to discharge his duties and can remove him fromoffice if he fails to comply with the order.

(3) In connection with the formation of region or stategovernment,

-- the President shall designate the region or stateministries, make changes in and additions to the designatedministries, allocate the number of region or state ministers, appointregion or state ministers and increase or reduce the allocated numberafter obtaining approval from the respective region or state Hluttaw.

(4) In connection with the formation of the self-administereddivision or self-administered zone leading body (Oo-zi Aphwe),

-- the secretary of the self-administered division orself-administered zone leading body shall be selected from amongthose in the respective self-administered division or self-administered zone leading body.[U Ko]

He submitted proposals submitted by delegate U Ko of the otherinvited persons group as follows:[Interim procedures]

(1) In connection with terms of office, resignation, removalfrom office and filling vacant posts of Union Ministers and DeputyMinisters,

(a) the President who appointed Union Ministers andDeputy Ministers shall order them to continue to discharge theirduties until the new Union Ministers and Deputy ministers have beenappointed and assigned duties by the new President elected when thepost of President has fallen vacant due to resignation, death or anyreason before the expiry of the term of office;

(b) the term of office of the new Union Ministers andDeputy Ministers appointed to fill vacant posts shall be up to theend of the remaining period of the term of office of the newPresident.

-- In connection with appointment of and assigning duties toregion or state ministers,

(a) the region or state Chief Minister shall appointministers according to the number of region or state Ministersstipulated by the President;

(b) the President who appointed region or state ChiefMinister and Ministers shall order them to continue to dischargetheir duties until the new region or state Chief Minister andMinisters have been appointed and assigned duties by the newPresident elected when the post of President has fallen vacant due toresignation or death before the expiry of the term of office;

(c) the term of office of the new region or state ChiefMinister and Ministers shall be up to the end of the remaining periodof the term of office of the new President.[Supervision of local officials]

-- as departmental personnel are to undertake and implementdepartmental tasks in districts and townships, the respectivedistrict administrators and township administrators should makeintegration, coordination, supervision and control for the success ofdepartmental tasks. District and township levels are just to

implement plans and projects. Respective organization at the centraland division and region levels are to conduct discussions and makedecisions. It is assumed that it is not necessary to proceed withorganizations including council or committee members at district andtownship levels which will implement tasks approved by theorganizations. The President should improvise other suitable means inaddition to practising a system of supervision at different levels toprevent corrupt practices among personnel, strictly adhering to thereward-and-punishment system and controlling by laws, rules anddirectives. It is proposed that an organization be formed with theinclusion of suitable citizens to be able to steer and supervisepersonnel for prevention of corrupt practices.[U Saw Tun Sein]

He submitted proposals submitted by delegate U Saw Tun Sein ofthe other invited persons group as follows:

(1) In connection with the formation of Union Civil ServiceBoard,

(a) when the Law of Union Civil Service Board iswritten, it is to be provided that the board shall select personnelmainly based on 'merit ration'. If there is differentiation inselecting on the basis of race, religion etc., the State will loselabour of intellectuals and intelligentsia necessary for the nation.Emphasis should be laid on patriotism and loyalty to the State.

(2) In connection with the administration of Union territory,-- it should be considered whether a fundamental

principle should be laid down that Union territory shall bedesignated in the regions, states and self-administered areas andplaced under direct administration of the President if it is sorequired.[Kachin State Special Region 1]

He submitted proposals submitted by Kachin State Special Region1 as follows:[Participation of peace groups]

-- In connection with the formation of region or stategovernment,

(1) whether it is appropriate to practise the means ofselection and nomination by the Commander-in-Chief of DefenceServices for the chairmen of peace groups in the special regions tobe able to participate in the administrative bodies of the respectiveregion or state, or to practise any other suitable means for theirparticipation;

(2) peace groups or representatives of special regionsthat have emerged in the period of the State Law and OrderRestoration Council or the Tatmadaw Government should be permitted inthe respective region or state administrative bodies;

(3) it will be proper to permit, with a view tobringing about development of regions or states, region or stateadministrative body to establish foreign relations to some extent ifthey are not against the policy of the Union government and againstthe Constitution;

(4) in connection with personnel affairs of the regionor state government, priority is to be given to residents in therespective region or state in appointing personnel of self-administered area, region or state governments. For some workestablishments, prescribed qualifications should be relaxed inappointing the personnel.[U Pe Kin]

He then presented significant points of U Pe Kin, a delegate ofthe other invited persons delegate group as follows:[Advocate-General title]

-- In connection with appointment of the Region or StateAdvocate-General and assigning duties --

-- The set-up of the region and state government is

found to be the same as that of the Union government. Ministers arecalled "Wun-gyi" as in the case of members of the Union government.Similarly, accounts officer, a member of the state government, isalso called Auditor-General, the same as the Union. It has beensuggested, however, to call Shaynay-chok (Attorney-General) as U-paday-chok (Advocate-General). The meaning of this term is believedto be incomplete. It is like calling the Tayathugyi-chok (Chief ofthe High Court) as Taya-chok. Hence, Advocates-General of the regionsand states should be called "Shaynay-chok" or "U-paday-ayashi-chok"instead of "U-paday-chok".[Shan State Special Area-1]

He next presented significant points of the leader of ShanState Special Area-1 as follows:[Self-administered areas]

-- In connection with formulation of the self-administeredregion [sic] or self-administered zone Oo-zi Aphwe (leading body),

(1) self-administered division leading body should beconstituted with 11 members or nine members,

(2) self-administered zone leading body should beconstituted with seven members or five members,

(3) chairman of the self-administered division or self-administered zone must be a national of the respective region's orstate's national race,

(4) the leading body of a self-administered area shallelect its secretary from among themselves,

(5) the self-administered area leading bodies shall beconstituted as follows:

(a) representatives of the respective region's orstate's national race (including those of national races withmoderate size of population) -- 60 per cent,

(b) service personnel representatives -- 20 percent, and

(c) Tatmadaw servicemen representatives -- 20 percent.[Northern Shan State Special Area-2]

He next presented significant points of the leader of theNorthern Shan State Special Area-2 as follows:[Tatmadaw representatives to be elected]

-- We accept the national political leadership role to beplayed by the Tatmadaw in future Myanmar, after and overall study ofthe historical developments of the Union, aspirations of the people,the traditions of the Tatmadaw and current internal and externalsituation. We support it. Hence, at different levels of executivebodies Tatmadaw servicemen representatives should not be appointedand assigned duties but be elected and assigned duties to obtain therequired number.

He noted significant points of some of the delegates of theother invited persons group are those to be considered to include inthe structure of the executive.

The proposals just submitted were the basic principles obtainedafter discussion 20 proposal papers of the other invited personsdelegate group for 12 times between 10 October 1994 and 20 January1995. The basic principles for the structure of the executive are tobe considered to lay down as basic principles in writing theconstitution. (NLM 12/9)Union Pa-O National Organization

U Aung Khin, delegate of the Union Pa-O National Organization,submitted the party's proposal paper on the structure of the chapter"The Executive" to the plenary session of the National Convention. Hesaid:

The Executive of the State should be constituted with thePresident, Vice-Presidents, Union Ministers and Union Attorney-

General included in the Pyidaungsu (Union) government. In the UnionGovernment the Head of the Executive is the President. The executivepower of the State is to be distributed and delegated to the regionsand states. Executive powers will have to be distributed anddelegated to the self-administered areas in accord with theconstitution.

The rights should be prescribed for the Head of the Executiveor the President to designate the Union Government ministerialportfolios, make necessary amendments and additions, prescribe fornumber of ministers, increase or decrease the number of ministerialportfolios and so forth. It is suggested basic principles should belaid down to prescribe qualifications for the Union Ministers.[Attorney-General]

The President should select a suitable person having prescribedqualifications to appoint him Pyidaungsu Attorney-General to getlegal advice and assign duties of legal character. The PyidaungsuAttorney-General would then be able to take care of questions oflegal character, if any, on behalf of the President.

The Pyidaungsu Attorney-General would have to be a member ofthe Pyidaungsu Government and at the same time he would have to bedirectly responsible to the President. So, basic principles should belaid down providing that the Pyidaungsu Hluttaw should not have theright to reject the person nominated by the President to be appointedPyidaungsu Attorney-General unless it could prove clearly that he isnot qualified for being Pyidaungsu Attorney-General.

The Pyidaungsu Attorney-General should be subject toimpeachment and punishment as in the case of Pyidaungsu Ministers.Then only would the Pyidaungsu Attorney-General be in a betterposition to have good conduct and loyalty. So, the PyidaungsuAttorney-General should be subject to impeachment for treason,violation of provisions of the Constitution, misconduct or beingdisqualified to the post of Pyidaungsu Attorney-General under theConstitution.[Auditor-General]

In connection with appointment of Pyidaungsu Auditor-Generaland assigning duties he said the President should select a suitableperson having prescribed qualifications to appoint him PyidaungsuAuditor-General to audit budget accounts of the governmentdepartments and submit them to the respective Hluttaws. Then onlywould the general conditions in the country be appraised from theaspect of accounts. Detailed principles should also be laid down inconnection with the qualifications of the Pyidaungsu Auditor-General.[Civil Service Board]

Regarding the Union Civil Service Board, he said the role ofservice personnel is very important. They should be systematicallyselected and properly trained to raise efficiency. It should beprovided in the Constitution to form the Union Civil Service Board tomanage the affairs of the service personnel.[Region/State government]

The constitution that would emerge being a Pyidaungsu (Union)system and structure, there would be region and state governments.So, the region and state governments should be formed and chiefministers should also be appointed to lead those governments. So,necessary basic principles should be laid down for the appointment ofregion or state chief ministers and assignment of duties.

Relevant basic principles should be laid down for theappointment of region or state ministers and assignment of duties sothat they would be able to manage administrative affairs as theregion or state government members under the leadership of therespective region or state chief ministers.

The President of the State should have the right to assign theself-administered division chairmen, self-administered zone chairmenand national race affairs ministers other duties jointly. Similarly,when security and border affairs are to be assigned nominationsshould be coordinated with the Defence Services Commander-in-Chiefand submitted to the President with the approval of the respective

regions or states.The President's appointment of the region or state chief

ministers and ministers and assignment of duties should be notifiedto the respective region or state Hluttaws or the Pyidaungsu Hluttaw.The region or state chief ministers should be directly responsible tothe President of the State and similarly the region or stateministers should be responsible to the President of the State throughthe region or state chief ministers. Basic principles should be laiddown prescribing that the term of office of the region or state chiefministers and ministers should be the same as that of the Presidentof the State.

Detailed principles should be laid down in connection withelection of the self-administered division chairmen and self-administered zone chairmen, duties assigned to them, their beingchief ministers of the respective regions or states [sic], the set-upof self-administered division leading bodies or self-administeredzone leading bodies, election of representatives in areas where thenumber of population exceeds 10,000, assigning duties to the Tatmadawservicemen representatives who constitute one-fourth in the leadingbody, prescribing, through promulgation of law, of duties, rights andprivileges of the self-administered region [sic] or self-administeredzone chairmen and leading bodies, assigning duties as secretaries ofthe self-administered regions [sic] or self-administered zones anddesignation of the leading body offices.[Union territories]

Concerning the capital of the State, it has been laid down thatYangon, the capital of the State, is placed under directadministrative control of the President of the State and designatedas a Pyidaungsu territory. Basic principles should be laid down inconnection with administration of Yangon, the Pyidaungsu territory.The eleven basic principles clarified by the National ConventionConvening Work Committee are complete and they should be laid down asbasic principles.[Local government]

In connection with regional administration, he said, districtand township executive officers should be made to continuously managedistrict and township level administrative affairs. Tatmadawservicemen assigned by the Defence Services Commander-in-Chief wouldhave to carry out duties at the district level.

Ward and village level administration has to deal most with thepublic. Hence, war or village administrative personnel should beelected and assigned duties. In conclusion, it is suggested that aspecific law should be promulgated in connection with election,assignment of duties and rights of the war or village-tractadministrative personnel.Shan State Kokang Democratic Party

U Ti Daung Wai, National Convention delegate of Shan StateKokang Democratic Party, submitted a proposal paper on the formationof the chapter the Executive to be included in writing the StateConstitution.

He spoke of convergence of views between the delegates of theparty and other delegates in submitting suggestions and proposals andsaid that however, they would seek answers over differing pointsthrough discussions conducted with tolerance, goodwill and patience.

In so discussing, he said, it is to be directed in democraticspirit towards a National Convention objective 'flourishing of amultiparty democracy system in future State' and only then wouldcorrect answer be found for the delegates and the nationals and onlythen would a Constitution with democratic aspects and rich indemocratic essence emerge.

In so doing, it would amount to demonstrating that thedelegates are actually discharging the great duty in accordance withthe Tatmadaw Government's motto 'emergence of the State Constitutionis the concern of all nationals', he explained.

As Shan State Kokang Democratic Party believes that all the

delegates would put forward constructive suggestions, the politicalparties would uphold their prestige by making suggestions which wouldbenefit the entire Union.

He expressed belief that if discussions are made with a normset on the motto 'the executive system of the State must be democracyadministrative system', different administrative levels of theGovernment of the Union of Myanmar will emerge rich in democracyessence. He suggested that different levels of the Union Governmentbe formed based on the following fundamental principles:

(1) The executive power of the State is distributed among theUnion member states and regions;

(2) Executive power shall be distributed to self-administeredzones and self-administered divisions as stipulated by the StateConstitution.

He said different levels of the government of the future Unionof Myanmar can be formed as follows:

1. the Union Government2. the state and division [sic] governments3. executive committees of self-administered zones and self-

administered divisions.Concerning the Head of State or the President of the State, he

spoke of compilation of the list of presidential candidates,selection and appointment of the President by Pyidaungsu Hluttawrepresentatives, taking oath of office of the President before thePyidaungsu Hluttaw representatives, impeachment of and removal fromoffice of the President, appointment of Union Ministers afterobtaining approval from Pyidaungsu Hluttaw and intimation to thePyidaungsu Hluttaw of having appointed Ministers. He said just as thePyidaungsu Hluttaw is responsible to the nationals, so also is thePresident responsible to the Pyidaungsu Hluttaw. He spoke of prestigeand honour which the President must have in administration or inforeign affairs and said the President is a crucially importantperson for solving cases of emergency in the State.

Concerning Prime Minister of the Union, he said the PrimeMinister should be vested with full administrative power and is tolead ministers in managing the affairs of the State in democraticmanner. As the President is responsible to Pyidaungsu Hluttaw, thegovernment led by the Prime Minister is responsible to the President.

He said Deputy Prime Minister and Ministers are to support thePrime Minister while discharging their duties and they must also bepeople's representatives.

Deputy Ministers are to support Ministers and they must beelected people's representatives, he said.[Attorney-General and Auditor-General should be independent ofGovernment]

He spoke of the position of Attorney-General who is to givelegal advice to the State and various levels of the government sandsaid he must be impartial, loyal to the State and people and performhis duties in accordance with the noblest and worthiest of theworldly values. He commented that so, the Union Attorney-Generalshould not be included in the Union Government and what is needed forhim is to be responsible to Pyidaungsu Hluttaw and to carry out hisduties faithfully.

He said Union Auditor-General is needed to audit receipts andexpenditures and other accounts of public economic organizations anddepartments and the governmental organizations and he should not alsobe member of the Union Government. He is to be responsible toPyidaungsu Hluttaw and carry out his duties faithfully.[Region/State government]

He suggested State or Region Hluttaws be formed with people'srepresentatives elected from the respective State or Region andgovernmental organizations will emerge from the Region or StateHluttaws. He said members of State or Region governmentalorganizations must be people's representatives, proposing Region orState governments be formed with the inclusion of persons as follows:

1. Region or State Chairman

2. Region or State Vice-Chairman3. Region or State Ministers4. Region or State Deputy MinistersVirtual flourishing of democratic administration in self-

administered areas will help counter, with the strength of thepeople, threats and interferences from outside, he said and notedthat the democracy administration system is needed for emergence ofexisting people's strength as it is believed 'the strength of thenation lies within'. He said it is only democracy [sic] means thatwill help bring about modernity and development in border and self-administered areas.Mro (or) Khami National Solidarity Organization

U Maung Pain (a) U Khin Maung Thein of Mro (or) Khami NationalSolidarity Organization said the following principles areappropriate:

1. the executive head of the State is the President of theState;

2. (a) The executive power of the State is distributedamong the Union, Regions and States;

(b) Self-administration powers are delegated to self-administered areas as prescribed by the Constitution;

3. The Union government shall be set up with the followingpersons:

(a) President of the State(b) Vice-Presidents(c) Union Ministers(d) Attorney-General of the Union

4. The President of the State may(a) prescribe Union ministries as necessary, make

changes or additions thereto;(b) prescribe the number of Union ministers as

necessary, and increase or decrease the number;5. Union ministers must possess the following

qualifications:(a) they must be at least fully 40 years of age;(b) they must have qualifications prescribed for Pyithu

Hluttaw members except the qualification of age;(c) the must be loyal to the State and the citizenry.

So also are the following principles:1. Region government shall be formed in Region; State

government shall be formed in State;2. Region or State government shall be formed with the

following:(a) Chief Minister of Region or State;(b) Ministers of Region or State;(c) Advocate-General of Region or State.

3. The President of the State may(a) prescribe Region or State ministries as necessary,

make changes or additions thereto;(b) prescribe the number of Region or State ministers

as necessary, and increase or decrease the number;4. Region or State chief ministers and ministers must

possess the following qualifications:(a) they must be at least fully 30 years of age(b) they must have qualifications prescribed for Region

or State Hluttaw members except for age;(c) they must be loyal to the State and the citizenry.

It will be necessary to ensure maximum possible fairness inconsidering the right of participation of national racerepresentatives in the Amyotha Hluttaw.

The national brethren in the Union need to have equalfundamental rights. They have always remained close togetherparticularly in times of crises. At present all are coming togetherfor preparing to write an enduring Constitution to serve theinterests of all the national people, for perpetuity of the Union,

non-disintegration of national solidarity and perpetuation ofsovereignty, for greater prosperity of the Union. It is not knownwhen a time like this will come again. So, in the Constitution we arewriting today, some firm principles should be prescribed explicitlyfor the national races in the majority as well as for the nationalraces in the minority.[Self-administered areas]

It should be laid down as a principle that self-administereddivision or self-administered zone Oozi Aphwe should be formed asfollows:

(1) to be formed with people's representatives elected by thepeople, as chairman, secretary and members;

(2) self-administered division or self-administered zoneshall have legislative power as bestowed by the Constitution;

(3) to include minority national races in self-administereddivision or self-administered zone as much as possible; not toproceed on the basis of a limit in population.

In conclusion he said he had presented his organization'ssincere proposals, giving suggestions for the said points and had nomore to say about the remaining matters. (NLM 12/10)

Dec. 11: The Plenary Session of the National Conventioncontinued, with 522 of 590 delegates present. Further proposal paperson the Executive were presented by members of the Political Partiesdelegates group [full texts]:Lahu National Development Party

U Kya Shi, delegation of the Lahu National Development Party,submitted the party's proposal paper on the structure of the chapter"the Executive" to the plenary session of the National Convention.

He said in discussing the structure of "The Executive" theparty would not deal with the clarifications of the Work CommitteeChairman but the remaining points. He asked for forgiveness if thereare any unsmoothness or mistakes in the use of language.[Prime Minister]

He said the party believes instead of managing the executivematters directly by the President of the State who is Head of State,it would be more proper for the Prime Minister to do so and at thesame time the President would be in a more prestigious position.

When the Pyidaungsu Hluttaw is to impeach and dismiss thegovernment, it can dismiss the Prime Minister and Ministers only; itcan again elect the new Prime Minister to work with the President andMinisters. It would then be beneficial to the country.

In connection with the appointment of Pyidaungsu GovernmentMinisters and assignment of duties, basic principles should be laiddown as follows:

(1) the President of the State shall, in consultation withthe Pyidaungsu Government Prime Minister, appoint members of thePyidaungsu Government Pyidaungsu Minister [sic] and assign duties,

(2) the President shall nominate suitable persons from amongthe Pyidaungsu Hluttaw representatives having the prescribedqualifications,

(3) the President, in consultation with the PyidaungsuGovernment Prime Minister, shall submit the nominations to thePyidaungsu Hluttaw and seek its approval,

(4) the President shall again submit nominations made as inthe case of paragraph (2) for those who have not been approved by thePyidaungsu Hluttaw and seek its approval,

(5) the President, in consultation with the PyidaungsuGovernment Prime Minister, shall appoint Pyidaungsu Hluttawrepresentatives approved by the Pyidaungsu Hluttaw as PyidaungsuGovernment Ministers and assign them duties. In so doing, thePresident of the State shall designate portfolios for each PyidaungsuGovernment Minister,

(6) the President shall report to the Pyidaungsu Hluttawevery time he appoints and assigns duties to the Pyidaungsu

Government Ministers,(7) Pyidaungsu Government Ministers shall be responsible to

the Pyidaungsu Hluttaw through the President.[Right to reject Attorney-General]

The Work Committee Chairman clarified the Pyidaungsu Hluttawshall not have the right to reject the person nominated by thePresident to be appointed Pyidaungsu Attorney-General unless it canprove clearly that he is not qualified for being Pyidaungsu Attorney-General.

The President of the State, although being the Head of State,the highest organ of the sovereign powers in the nation is thePyidaungsu Hluttaw. Pyidaungsu Hluttaw should have the right tocriticise and discuss President's nomination of Pyidaungsu Attorney-General submitted to it whether the nominee is suitable or notalthough he possesses prescribed qualifications for the position.Then only will it get able and good person. Appointment should not bemade just because the person concerned possesses prescribedqualifications. So, the provision preventing the Pyidaungsu Hluttawfrom rejecting the nomination should not be included.

When the Pyidaungsu Hluttaw is to impeach and dismiss thegovernment, it can dismiss the Prime Minister and Ministers only; itcan again elect the new Prime Minister to work with the President andMinisters. It would then be beneficial to the country.[Region/State government]

In connection with forming the Regional Government or StateGovernment or appointing the Region or State Chief Ministers, thefollowing principles should be laid down:

(1) Region Government or State Government has been formed inrespective Regions and States,

(2) Region or State Government is constituted with thefollowing persons,

(a) Region or State Chief Minister,(b) Region or State Ministers,

(3) The Region or State Government shall(a) designate Region or State Ministries as necessary.

Moreover, it shall change or increase the number of Ministries,(b) designate the number of Region or State Ministers

as necessary. Moreover it shall increase or decrease the prescribednumber of Ministers,

(4) Region or State Chief Minister and Ministers shall bethose who have attained the age of 35 years,

(5) to appoint and assign duties as the Region or State ChiefMinister,

(a) the Region or State Hluttaw shall elect, throughsecret votes, a Hluttaw representative from among the Region or StateHluttaw representatives,

(b) the Region or State Chief Minister shall submit thenomination of Hluttaw representative approved by the Region or StateHluttaw concerned to the President of the State,

(6) the President shall appoint the Hluttaw representativesubmitted by the Region or State Hluttaw Chairman as Chief Ministerof the Region or State concerned and assign him duties.U Kya Ha Shel

U Kya Ha Shel of the Lahu National Development Party submittedthe remaining part of the paper.

In connection with appointment of Region or State Advocate-General and assigning duties, he suggested the following principlesshould be laid down: --

1. the Chief Minister of region or state shall get theapproval of the region or state Hluttaw in appointing and assigningduties to a person having the following qualifications as region orstate Advocate-General in order to get legal advice and assign dutiesof a legal character and submit to the President:

(a) who has attained the age of 40 years,(b) with the exception of age limit, having the

qualifications prescribed for region or state Hluttaw

representatives,(c) (1) for judicial officer or law officer they must

have served in the post, not lower than region or state level, for atleast five years or in the post not lower than district level for atleast 10 years,

(2) for Advocates of Taya Hluttaw (HighCourt) for 15 years' standing,

(d) who is loyal to the State and the citizens.2. Region or State Advocate-General is responsible to the

Region or State Chief Minister.3. if there is reason to impeach the Advocate-General of a

region or state, it shall be done in accord with the provisions ofthe Constitution prescribed for the Chief Minister or any Minister ofregion or state.

4. in connection with the resignation, removal from office,filling of vacant post or assuming that the person has retired in thecase of civil service personnel, the provisions of the Constitutionprescribed for the Chief Minister or Ministers of region or statealso concerns the Advocate-General.

5. if region or state Advocate-General is civil servicepersonnel, he shall be considered to have resigned from his post inaccord with service rules, from the date he is appointed region orstate Advocate-General.

6. duties, rights and privileges of the region or stateAdvocate-General shall be prescribed by law.[Yangon City]

He suggested the following should be laid down as basicprinciples in connection with the administration of Yangon City:

1. All districts and townships within Yangon Citydevelopment area on the day the State Constitution comes into forceare in Yangon City that is the Union territory,

2. The administration of Yangon City is under theadministration of Yangon Region Government,

3. Yangon City Development Committee shall be constitutedwith persons elected for the purpose from districts and townships inthe Yangon City Development Committee area,

4. Yangon City Development Committee shall be responsible tothe Yangon Region Government,

5. Duties, rights and privileges of the Yangon CityDevelopment Committee shall be prescribed by law.

In conclusion, he said the proposals on the chapter "TheExecutive" had been presented with the aims of building a genuinemulti-party democratic State where worldly values justice, libertyand equality flourish.Union Kayin League

National Convention delegate U Saw Than Aung, Vice-Chairman ofUnion Kayin League, submitted a proposal paper on formation of thechapter the Executive.

He spoke of experiences in administrative systems of variouseras -- colonial, post-independence parliamentary, Myanmar SocialistProgramme Party and State Law and Order Restoration Council -- andsaid that based on these experiences, the party's proposal paper onthe Legislative, the Executive and the Judiciary, as clarified byChairman U Aung Toe, was submitted constructively, believing a newadministrative system to be adopted will benefit generations to come.

He said the following should be laid down as fundamentalprinciples:

1. the head of State is the President of the State;2. the executive power of the State is distributed among the

Union, regions and states;3. the self-administrative power is distributed to self-

administered areas as stipulated by the State Constitution;4. executive organs of the Union, regions, states, self-

administered areas and districts include Tatmadaw servicemennominated by the Commander-in-Chief of Defence Services to undertakeresponsibilities of defence, security, border area administration,

etc.He explained on the basis of experiences in the executive

systems of Myanmar in history and some facts related to politics, theeconomy and social affairs that Myanmar should have a strong, firmleader whose position must be in compatible [sic] with thepresidential executive system and conforms to the wishes of thenational races. The facts he cited of Myanmar are being a nation madeup of various national races, being situated between the two nationshaving largest populations in the world, being surrounded by somepoor nations, being a littoral country, being rich in nationalresources and being coveted by world nations.

He said the government should be formed with the followingpersons:

1. the President of the State;2. the Vice-President;3. the Union Ministers;4. the Attorney-General of the Union.He said the President of the State should practise a means of

selecting and appointing Union Ministers after obtaining approvalfrom the Union Hluttaw, and selection is to be made from amongHluttaw representatives-elect or non-Hluttaw representatives-electpossessing prescribed qualifications and, if necessary, experiencedintellectuals and intelligentsia should be included.

The President shall obtain names of Tatmadaw servicemen Hluttawrepresentatives, who will carry out duties in defence, security andborder area administration, from the Commander-in-Chief of DefenceServices, and they must possess qualifications prescribed for UnionMinisters. The President is to submit their names to PyidaungsuHluttaw for approval.

He said that if it is necessary, regarding the affairs of theState, to appoint Tatmadaw servicemen Union Ministers in addition toministries of defence, security, home affairs and border affairs, itshall be done so after coordination with the Commander-in-Chief ofDefence Services and obtaining approval from Pyidaungsu Hluttaw.

Union Ministers shall be directly responsible to the President.[Self-administered area government]

He said the following should be laid down as fundamentalprinciples in connection with self-administered district/zone [sic]Leading Bodies.

1. the self-administered division and self-administered zoneare of equal status;

2. self-administered power shall be distributed to them;3. self-administered division leading body (Oo-zi Aphwe) and

self-administered zone leading body (Oo-zi Aphwe) shall exerciselegislative power distributed to them;

4. Tatmadaw servicemen shall constitute one-fourth ofmembers in the respective leading body;

5. it shall be constituted with not less than 10 members;6. there shall be a representative each for a national race

having a population of 10,000.[Local government]

Regarding regional administration, he said the administrator,of respective service personnel organization, shall be made tocontinuously undertake district and township-level administrativeduties and if necessary, Tatmadaw servicemen, assigned by theCommander-in-Chief of Defence Services, shall participate togetherwith the administrator in district level to be able to carry outduties in security, enforcement of law and maintenance of peace andtranquillity.

Regarding ward and village administrative level, he said it isone in constant relation with the people and there should beadministrators elected by the people in ward and villageadministration. Their duties and rights should be prescribed byenactment of law. He also suggested a village supervisoryorganization be formed with the village-tract administrator aschairman.

He said the party had put forward proposals on the chapter theExecutive in brief and priority should be given to the followingpoints in laying down fundamental principles for respective chapters:

1. the Constitution being written is to be adopted afterbeing reviewed with great care whether in conforms to thegeographical conditions of Myanmar, various class strata, affairs ofvarious national races and whether it brings about political,economic and social benefits for the people who should enjoy fruitsof labour equitably;

He said an assurance that guarantees an individual or theentire mass of people the right to living [sic] a life free ofanxiety, the right to liberty and the right to pleasant, enjoyablelivelihood shall be provided accurately and firmly in theConstitution.

It is of great importance the administrative machinery of ourcountry, which is neither a developed nor developing nor impoverishednation, to be in consonance with the time, system and occasion for weare in a time while full strength is being rallied to be able to getinto the path of prosperity [sic], he said.

He noted it is true that the nationals, no longer wishing tolive under the monarchic system or colonial system or one-partysystem, have begun to enter into a genuine democracy system and heput forward some detailed principles which, the party believes, willbenefit the administrative machinery to be established.

He remarked that regarding the administrative system asclarified by Work Committee Chairman U Aung Toe, an executive lawwill be emerging as a contract between the people, who are ruled, anda class, who will rule, and said proposals were put forward for thesecurity, liberty and joy of all nationals, non-disintegration ofnational unity and prosperity and progress of a new, peaceful nation.Kokang Democracy and Unity Party

U Lau Hsin Kwan, National Convention delegate of KokangDemocracy and Unity Party, submitted a proposal paper on formation ofthe chapter the Executive.

He said as the sovereign Union of Myanmar is built up with allnational races, it is the duty of all the national races to plan forthe perpetuation, solidarity, unity and prosperity of the State.

It is found that the Work Committee Chairman's address'administrative power is distributed among regions or states andself-administered areas' conforms to requirements in political,economic, social and nationalities affairs, he commented.

As the administrative power enables national races to managetheir life, it will consolidate national unity and perpetuate theState and sovereignty, he noted.

He said state or region government should be formed asstipulated in the State Constitution as in the formation of the UnionGovernment.

In forming region and state government, he said, there was nosuggestion to be put forward by the party as to appointment andassignment of duties and rights and privileges of

1. state Chief Minister;2. state or region Ministers;3. state or region Advocate-General;4. state or region Auditor-General, and

formation of departments of respective national races affairs instates and divisions.[Local government]

Regarding district and township level administration, he saidthat election is to be held within democratic means andadministrative authorities whom people no longer accept are to beimpeached, especially persons responsible for administration in thelevels are in close contact with the people [sic]. He said there willnot be control on non-reciprocity, non-democracy and dictatorialmanner that can exist between the people and district-levelauthorities if there are no explicit provisions for the district,

township and village level administration.He stressed the need to lay emphasis on the people's wish as

success of a system depends on the response of the people, sayingonly when noblest and worthiest of worldly values and democracy arebrought about for the people will it be in conformity with democraticpractices.[Local government]

As there are characteristics of population, geographicalconditions, language and customs, formation of self-administered arealeading bodies should be based on wishes of the national races in therespective area within the framework of the Constitution, hecommented.[Union territories]

As there has been a fundamental principle that areas of specialsituation in connection with defence, security, administration andthe economy of the entire Union are designated Union territories andplaced under direct administration of the President of the State, theparty had no discussions as to duties, rights, privileges andimpeachment of persons in the organization which will exerciseadministrative power for an area of special situation such asCocogyun, he said in conclusion.Wa National Development Party

U Nyi Paloke of Wa National Development Party said legislative,executive and judicial sovereign powers have to be wielded bypeople's representatives to pre-empt emergence of dictatorialsystems; and there has to be check and balance between the threeestates; the executive government has to give life to laws passed bythe legislature and implement programmes laid down by the PyidaungsuHluttaw; it has to supervise for regular functioning of theadministrative machinery; it has to strive for security, peace anddevelopment at all times; services personnel manning theadministrative machinery must have no political party attachments;they must be loyal to the State; they are not for any individualpolitical party but for the entire people; political parties must notmeddle in the administrative machinery and personnel ofadministrative machinery must not meddle in political parties; theymust observe their norms in their own roles, otherwise it could leadto disintegration of the country.

In a Union, the Union government and State governments haveshared powers; the State governments have no right to exercise powersof the Union government, and the Union government has not right toencroach upon powers of the State governments; so distribution ofpowers needs to be explicitly prescribed in the Constitution; if acountry can promote the rule of law and rid itself of the rule ofman, people will have equality of status and equality of opportunityand equality before the law and there will be peace and harmony.

In a democratic country, sovereign power resides in the peopleon behalf of the people, representatives freely elected by secretballot make laws and carry out executive responsibilities; with theapproval of the Pyidaungsu Hluttaw, the government lays downpolicies; these are implemented by government service personnel; theyare not politicians; they serve the country loyally and dutifully,independent of political activities; if they want to go intopolitics, they have but to resign from government service and do so.

It is said that man is the measure of everything; with theparticipation of the people there can indeed be "hundred victories inhundred battles"; conditions must be created to enable the people toparticipate and shape their own destiny.[Self-administered area government]

In connection with formation of oozi aphwes or self-administered divisions or zones, detailed principles should be laiddown as follows:

1. Self-administered division oozi aphwe and self-administered zone oozi aphwe must be formed at self-administereddivision and self-administered zone; these oozi aphwes also exercise

legislative power conferred by the Constitution;2. Self-administered division oozi aphwe and self-

administered zone oozi aphwe shall have at least ten members;3. Self-administered division oozi aphwe and self-administered

zone oozi aphwe shall be formed with the following persons:(a) Region or State Hluttaw members elected from

townships in self-administered division or self-administered zone;(b) representatives chose and additionally appointed by

persons mentioned in Sub-para (a);4. Self-administered division oozi aphwe or self-

administered zone oozi aphwe members including Region or StateHluttaw members elected from townships in self-administered divisionor self-administered zone and representatives chose and additionallyappointed by them are to coordinate among themselves and choose asuitable person from among Region or State Hluttaw members electedfrom townships in self-administered division or self-administeredzone, as chairman of self-administered division or chairman of self-administered zone; the nominations of persons so chosen shall besubmitted by the Region or State government, through the PrimeMinister of the Union to the President of the State;

5. The President of the State shall appoint these nomineesas chairman of self-administered division or chairman of self-administered zone; they shall also be head of self-administereddivision or of self-administered zone;

6. Chairman of self-administered division or self-administered zone is ex-officio Region or State minister; soprovisions regarding the Region or State minister shall also apply tochairman of self-administered division or chairman of self-administered zone.

At the plenary session of the National Convention on 9-1-93,Convention Convening Commission Chairman exhorted all to unitedlystrive to make it a National Convention that could serve theinterests of the State and the national people to the highest extent,most significantly in the political history of the country.

Times, systems and historical events do not come about withoutany cause; effects come about only because of various causes; it isvitally needed to bring forth the new Constitution well, reviewingpast lessons objectively and drawing positive strength from pasthistory; otherwise, if the past events are ignored, endeavours torepair the old era and build a new one will result only in thedestruction of the old era, without the emergence of a new one. (NLM12/12)

Dec. 12: The Plenary Session of the National Conventioncontinued, with 522 of 590 delegates present. Further proposal paperson the Executive were read by representatives of the politicalparties delegates groups [full texts]:Shan Nationalities League for Democracy

U Sai Soe Nyunt of Shan Nationalities League for Democracy saidthey were making proposals with sincere goodwill for emergence of anenduring State Constitution, for equality of all the people beforelaw, for perpetual unity and amity in equality of all nationalbrethren, for the principles of justice, liberty and equality, andfor flourishing of a genuine democracy.

He said it was vitally necessary that under this Constitutionthe national races secure guarantees of their rights and be able tomanage themselves for development of their areas; he said he was one-third happy to learn some national races will be given self-administered areas; another one-third happiness would come when theConstitution could provide, fairly for all, self-administered areasto the satisfaction of respective national races; the remaining one-third would have to be kept aside till the time when self-administration could be freely practised in reality.

In continuation, he said, it was time to lay down principles tohave political self-prescribing rights and self-administration in

connection with the cause of states of the national races that havetraditions and prominent existence in history.

As our country is a Union, the form of administration should beone in conformity with the essence of the Union inhabited together byall kinds of national races; it needs to be a genuine democraticadministrative system contributory towards a true Union structure,amity of all national races, equality, flourishing of multi-partydemocracy system, and further development of the nation.[Rotating vice-presidency]

He submitted a proposal that, as our Union is one inhabited by135 kinds of national races inclusive of the eight namely Kachin,Kayah, Kayin, Chin, Bamar, Mon, Rakhine and Shan, vice-presidencyshould be given in turns in alphabetical order of the names of thestates, to suitable persons from among national Hluttaw memberscoming from the states to the Pyidaungsu Hluttaw; it will bring aboutcloser amity among the national brethren and consolidate unity.

He said the following principles should be laid down:1. The executive head of the State is the President of the

State;2. (a) The executive power of the State is distributed

among the Union, Regions and States;(b) Self-administration powers are delegated to self-

administered areas as prescribed by the Constitution;3. The Union government shall be set up with the following

persons:(a) President of the State(b) Vice-president(b-1) A suitable person shall be chosen among national

Hluttaw members coming from the states to the Pyidaungsu Hluttaw toserve as vice-president in turn in alphabetical order of the names ofthe states.

(c) Prime Minister of the Union(d) Union Ministers.

4. The Prime Minister of the Union shall(a) seek the approval of the Pyidaungsu Hluttaw to

prescribe Union ministries as necessary, make changes or additionsthereto;

(b) prescribe the number of Union ministers asnecessary, and increase or decrease the number;

5. Responsibility(a) the Union ministers shall be responsible to the

Prime Minister of the Union;(b) the Prime Minister of the Union shall be

responsible to the President of the State;(c) the Union government inclusive of the President of

the State shall be responsible to the Pyidaungsu Hluttaw;6. Union ministers must possess the following

qualifications:(a) they must be Pyidaungsu Hluttaw members;(b) they must be at least fully 35 years of age;(c) they must have qualifications prescribed for Pyithu

Hluttaw members;(d) they must be loyal to the State and the citizenry.

[Appointment of Union ministers]In the matter of appointing Union ministers, it is held that,

on account of experiences in history, from lessons that should betaken of events in world nations, to be in accord with the conditionsin the country, and for emergence of a powerful, prosperous anddeveloped Union, the right to appoint Union ministers should notreside in any individual; it should be a pattern wherein the PrimeMinister of the Union, the President and the Pyidaungsu Hluttawcoordinate among themselves and choose the most suitable persons asUnion government ministers.[Attorney-General]

It is necessary for the Union government to choose and appointa qualified and suitable person as Attorney-General of the Union;

this person needs to be specially knowledgeable and experienced inlaw; so such a person should be chose from among Pyidaungsu Hluttawmembers or non-members; but this person should not be included in theUnion government because this person may not be a Hluttaw member buta qualified person from outside; Union government is a bodyexercising executive power on behalf of the people who are owners ofthe three powers of State originally, and persons who are not Hluttawmembers should not be prescribed as members of Union government.[An independent Auditor-General]

It is necessary for the Pyidaungsu Hluttaw to choose andappoint a qualified and suitable person as Auditor-General of theUnion to examine accounts of expenditures and receipts of governmentorganizations under the Union government and report to the Hluttawsconcerned; such a person specially skilled in accounts should bechosen from among Pyidaungsu Hluttaw members or non-members; but itshould not be laid down as a principle that "the Auditor-Generalshall be directly responsible to the President". The Auditor-Generalbeing a person to examine the accounts of the government should notbe placed under the authority of the President; the GeneralAccounting Office in the United States of America is under theCongress; so it should be laid down that "the Auditor-General shallbe responsible to the Pyidaungsu Hluttaw."U Sai Nyunt Lwin

U Sai Nyunt Lwin then presented the remaining part of theproposal paper.[Region/State government]

The executive power of the State is not held in control by thecentral or Union government but distributed to Regions and States; sothere will be departments concerning Union government and Region orState governments; the right of appointing services personnel atRegion or State level should be given to Region or State government;only with such distribution of rights will it be possible to avoidthe extreme of too much central control.

It is proposed the following be laid down as detailedprinciples:

1. Region government shall be formed in every Region; Stategovernment shall be formed in every State;

2. Region or State government shall be formed with thefollowing:

(a) Chief Minister of Region or State;(b) Ministers of Region or State;

3. The Chief Minister of the Region or State shall prescribeRegion or State ministries and submit them to the President of theState; to make changes or additions in ministries, the chief ministerof Region or State shall consult the Hluttaw concerned; the amendedlist of ministries shall be reported by the Chief minister of Regionor State to the President;

4. The Chief Minister of the Region or State shall preparethe list of ministers, seek the approval of the Region or StateHluttaw and submit it to the President of the State;

5. Region or State chief minister and ministers must possessthe following qualifications:

(a) they must be at least fully 35 years of age(b) they must have qualifications prescribed for Region

or State Hluttaw members;(c) they must be loyal to the State and the citizenry.

6. Region or State Hluttaw members shall choose one Hluttawmember from among themselves, with the support of the majority, aschief minister; this nomination shall be submitted to the Presidentof the State; the President of the State shall appoint this nomineeas chief minister of Region or State.

7. When the President of the State appoints Region or Stateministers, the chief minister of Region or State shall prescribeministry or ministries each minister to take responsibility for.

8. The chief minister of Region or State shall prepare listsof chairmen of oozi aphwes of self-administered divisions and self-

administered zones and submit them to the President of the State; thePresident of the State shall appoint the nominees as Region or Stateministers.

9. The President of the State shall report appointments ofRegion or State chief minister and ministers to Region or StateHluttaw and to Pyidaungsu Hluttaw.

10. Region or State ministers shall be responsible to thechief minister of Region or State.

11. Region or State government shall be responsible to Regionor State Hluttaw.

12. Region or State chief minister shall be responsible tothe President of the State.

13. The term of office of Region or State chief minister andministers shall normally be as that of Region or State Hluttaw.

14. The chief minister of Region or State shall resign fromthe post if the person no longer enjoys the support of the majorityof Region or State Hluttaw members.

15. To fill that post which falls vacant, Region or StateHluttaw members shall choose one Hluttaw member from amongthemselves, with the support of the majority, as chief minister; thatnomination shall be submitted to the President of the State; and thePresident of the State shall appoint that person as chief minister.[Self-administered areas]

In connection with self-administered division oozi aphwe orself-administered zone oozi aphwe, the following should be laid downas basic principles:

1. Self-administered division oozi aphwe or self-administered zone oozi aphwe shall be formed only after priorfixation of the minimum and maximum number of members therein.

2. These oozi aphwes shall include Region or State Hluttawmembers elected from townships in self-administered division or self-administered zone.

3. For the prescribed number of oozi aphwe members, onnational race representative shall be chosen by vote for eachnational race with at least 10,000 population, from among nationalraces living in the self-administered division or self-administeredzone.

4. If the number of Region or State Hluttaw members electedfrom townships in self-administered division or self-administeredzone is not up to the prescribed number of oozi aphwe members, therest shall be elected by vote.

5. One from elected oozi aphwe members shall be elected bysecret ballot as chairman of self-administered division or self-administered zone.

6. For appointment of this chairman of self-administereddivision or self-administered zone as Region or State minister, thechief minister of Region or State shall present the nomination to thePresident of the State.

7. The President of the State shall appoint this nominee aschairman of self-administered division or self-administered zone.

8. Just as the chairman is elected by secret ballot fromamong oozi aphwe members, the secretary too shall be elected bysecret ballot from among oozi aphwe members.

9. The oozi chairman shall be responsible to the chiefminister of Region or State.

10. Responsibilities and rights of self-administered divisionor self-administered zone chairman and oozi aphwe members shall beprescribed by law.

In conclusion he said he believe their proposals will be inaccord with aspirations of the entire people and that he believed acompact, firm and enduring Constitution would emerge in the not toodistant future.[National Unity Party]

U Khin Maung Gyi of National Unity Party submitted the proposalpaper of the National Unity Party on formation of the chapter "The

Executive".He said the State Law and Order Restoration Council has been

striving for strengthening national solidarity, emergence of a newconstitution and establishment of a peaceful, modern and developednation. It is also found to be making necessary changes in political,economic and administrative fields to be in readiness once a newconstitution is promulgated. It is also laying firm foundations inpreparation for the new nation.

At the same time, National Convention delegates representingdifferent national forces have been deliberating further to lay downbasic principles to be included in writing the constitution. In sodoing, an administrative structure conforming to the future Myanmarand Myanmar peoples is to be formulated after appraising theconditions past and present in the country. The National Unity Partyis of the opinion that efforts are to be made for the emergence of astrong and decisive government, effectiveness and promptness insupervision and control at different levels of administration,preciseness in discharging duties and taking responsibilities, propercoordination and cooperation, paying attention to people's wishes andaspirations, being responsible to the public, emergence of democraticmachinery, strengthening of an administrative system safeguardingpublic interests and of an administrative system which ensures therule of law and community peace, without turning back to thestructure of colonial period an based on the experiences gainedduring the period from the time of regaining independence to thepresent.

The National Convention has already laid down basic principleson separation of the three powers, application of an administrativesystem headed by the President and introduction of two legislativeHluttaws, and the National Unity Party supports them.[Limited separation of powers]

The three powers are thus separated to exercise reciprocalcontrol in order to prevent misuse of power as in the case ofdictatorship by a person or a group. A specific principle has beenlaid down so that legislative, executive and judicial powers could beexercised by specific person and specific organizations. However,internal and external experiences indicate that the three powerscould not be totally separated in practice. As such, the NationalConvention has also accepted the mutual contacts, mutual support andreciprocal control of the three powers.

Accordingly, the government led by the President would have tocarry out effectively the decisions and laws passed by the Hluttawwhich would exercise the legislative power. The legislative Hluttawtoo would have to help the government's administrative duties throughthe passing of resolutions and introduction of relevant laws.

The Pyidaungsu Hluttaw would have to designate the PyidaungsuGovernment Ministerial portfolios and the number of PyidaungsuMinisters to enable the presidential government discharge dutieseffectively. This is not just an administrative undertaking. Theobjective of the entire Union and national objectives as well asprojects throughout the country are to be taken into account todesignate the Ministerial portfolios and the number of ministers. Inso doing, there would be laws for each and every ministriesdesignated [sic]. And the Ministries would have to get legal support.

Moreover, designation of Ministerial portfolios and the numberof ministers is also concerned with budget allotment, financialassistance, and collection and use of revenues. As formation ofMinistries is to be undertaken with the use of public funds, it isrelated to public interests.

So, formation of Amyotha Hluttaw represented by different areasin the Union and Pyithu Hluttaw represented by the entire mass of thecountry and Pyidaungsu Hluttaw's designation of Ministerialportfolios and the number of ministers are appropriate.

The President of the State, in exercising executive powers,would independently choose persons to serve as Pyidaungsu Ministers,assigning them specific duties and, portfolios jointly and so forth

in the government under his leadership.This would reflect separation of three powers and contribute to

reciprocal control. Coordination and harmonious relationship betweenthe Legislative Hluttaw and the President would be evident.

Hence, Pyidaungsu Hluttaw should decide to designate thePyidaungsu portfolios and the number of ministers. The Presidentshould therefore choose persons as Pyidaungsu Ministers, assign themspecific duties, make changes in portfolios and take charge ofadministrative matters in the Pyidaungsu government.[Local government; need for local leading bodies]

He noted the Work Committee Chairman, in connection withregional administration, had clarified that district and townshipadministrators, who are service personnel, should be made todischarge their administrative duties continuously in the districtand township levels.

The point is a missing link in democracy at different levels inthe country and moreover this is like restoration of a machinery ofcolonial era. In the central level, election of the President andrepresentatives for the Pyidaungsu Hluttaw are to be carried outaccording to democratic practices following election methods forelecting people's representatives. Similar election methods are to beused in the regions, states and self-administered areas. In thedistrict and township levels, however, each administrator would bemade to discharge duties and at the most basic level of wards andvillage-tracts, an elder would be elected.

Pyidaungsu (Union) government is at the Union level, accordingto the present constitution to be written. Region or state levelwould have a government of its own. There would be leading bodies(Oozi Aphwe) at the self-administered divisions and self-administeredzones. But according to the clarifications of the Work CommitteeChairman, the practice of discharging duties group-wise in thedistrict, township and ward/village-tract levels is omitted.

Discussing district level administration, he said the role ofdistrict level should be considered regarding administrativemachinery to be included in the constitution. The district level isto serve as a link to see that policies and programmes of thePyidaungsu government and the state/ region government are carriedout by the townships and wards/villages concerned. Hence,administrative duties at district level should be carried out bydistrict administrative leading bodies instead of an administrator.The leading bodies should be constituted with persons chosen by therespective region/state chief minister in consultation with hisgovernment. The administrator, a service personnel, is to serve asthe secretary in the district leading body. The structures ofadministrative bodies at different levels would then conform to oneanother.

According to objective conditions in Myanmar, townships andward/village-tracts are basic areas in implementing political,economic, administrative, security and social tasks. The people ofdifferent strata comprising national races live together in theseareas. Administrative bodies in these areas would have to deal withthe people most closely. So, administrative bodies should be formedat the township and ward/village-tract levels. It would be helpfulfor the emergence of democratic machinery. Then only would the publicopinion, public trust and public cooperation be acquired in the basicand strategic areas in undertaking tasks.

Township leading bodies should be formed with appropriatenumber of chairmen of ward/village administrative committees in thetownship concerned. The chairman of the Township administrative bodywould have to be elected from among the chairmen of wards andvillage-tracts after due coordination among them. The townshipadministrator, a service personnel, should serve as secretary in thetownship administrative leading body.

By so doing, there would be no missing link in the differentlevels of administration but democratic practices could be adoptedthroughout.

He cited the Work Committee Chairman as clarifying thatward/village-tract administrators elected by the public should servein the ward/village-tract administration.

According to the prevailing conditions, certain large villageshave become sub-townships or nearly towns because of density inpopulation or extent of work or being located in a strategicposition. It would be difficult for a person to carry outadministrative duties.

A specific law should be promulgated in connection withelection of ward/village-tract administrative committee specifyingduties and rights.

In connection with the formation of the chapter "The Executive"the National Unity Party presented its views with the aims offlourishing of genuine multi-party democracy, formation of a stronggovernment supported by the public, application of democraticpractices in proper order at various administrative levels in thecountry in accord with the Constitution, formation of a democraticmachinery from the base to the central level, emergence of a newenduring Constitution within the framework of National Conventionobjectives and basic principles laid down by the National Conventionand success of the National Convention.Mro (or) Khami National Solidarity Organization

U San Tha Aung of Kyauktaw Constituency 2, Rakhine State,National Convention delegate of Mro (or) Khami National SolidarityOrganization, submitted a proposal paper on formation of the chapterthe Executive.

He said the following, except Para 4, explained by the WorkCommittee Chairman at the National Convention Plenary Session on 2-9-94, should be laid down as fundamental principles:

1. The head of executive power of the State is the Presidentof the State.

2. (a) the executive power of the State is distributedamong the administrative organs of Pyidaungsu, regions and states;

(b) self-administrative power shall be distributed toself-administered areas as stipulated by the State Constitution.

3. Pyidaungsu Government is constituted with the followingpersons:

(a) The President of the State;(b) Vice-Presidents;(c) Union Ministers;(d) Union Attorney-General.

4. The President of the State shall --(a) prescribe the number of ministries as necessary and

in addition, change or increase the prescribed ministries;(b) stipulate the number of Union Ministers as

necessary and in addition, increase or reduce the stipulated number.5. Union Ministers shall possess the following

qualifications:(a) being a person who has completed 40 years of age;(b) possessing qualifications prescribed for Pyithu

Hluttaw representatives except age limit;(c) being a person who is loyal to the State and

citizens.[Region/State government]

He said the following, except Para 3, should be laid down asfundamental principles:

1. The region government is formed in each region and thestate government is formed in each state;

2. The region or state government is formed with thefollowing persons:

(a) region or state Chief Minister;(b) region or state Ministers;(c) region or state Advocate-General;

3. The President shall --(a) prescribe the number of region or state ministries

as necessary and in addition, change or increase the prescribedministries;

(b) stipulate the number of respective region or stateMinisters as necessary and in addition, increase or reduce thestipulated number.

4. Region or State Chief Minister and Ministers shallpossess the following qualifications:

(a) being a person who has completed 30 years of age;(b) possessing qualifications prescribed for region or

state Hluttaw representatives except age limit;(c) being a person who is loyal to the State and

citizens.He said national brethren inhabiting the Union shall enjoy

equal fundamental rights and loving kindness and goodwill of theUnion shall be equally dispensed to all sons and daughters of theUnion, who are national races. He spoke of the unity of nationalraces, as the saying 'blood is thicker than water', is evident inhistory, saying an enduring Constitution, which will rally allnational races together for non-disintegration of the Union, non-disintegration of national unity, perpetuation of sovereignty andprosperity of the Union and bring about benefits to all thenationals, is being written. He said we cannot say when such anoccasion will recur and so, a firm principle for the majority orminority of national races should be provided in the Constitution.[Self-administered areas]

He said the following should be laid down as detailedfundamental principles:

1. The self-administered division or self-administered zoneleading body --

(a) shall be constituted with the chairman, thesecretary and members all of whom are people's representativeselected by the people;

(b) shall have powers vested in them by theConstitution;

(c) shall include the minority of national races in therespective self-administered division or self-administered zone asbest as possible and shall not be based on the population limit.

He said the party's proposals were based on the NationalConvention objectives and put forward honestly and candidly and theparty had no discussions as to remaining topics. (NLM 12/13)

Dec. 13: The Plenary Session of the National Conventioncontinued, with 523 of 590 delegates present. Proposal papers on theExecutive were read by delegates from the representatives-electdelegates group [full texts]:

Representatives-elect delegates[National Unity Party]

U Thein Tun, a representative-elect of National Unity Partyfrom the representatives-elect delegates group said that at presentthe State Law and Order Restoration Council is striving for furtherconsolidation of national unity, emergence of a new Constitution anda peaceful, tranquil and modern developed nation, effecting changesin political, economic and administrative fields as necessary to beready for the new Constitution, building firm foundations for the newnation.

At the same time National Convention delegates representingrespective political forces are going ahead stage by stage withcoordination and discussions to lay down basic principles to serve asbasis in writing the new Constitution; currently they are working tolay down a new form of administration reviewing those of the past andthe present, and finding one suitable to the national people of thecountry in future; drawing lessons from experiences from the time ofregaining of national Independence up to the present day and withoutreverting to the ancient colonial structure, the task at hand is toshape a new, strong and decisive government, to have effective and

expeditious supervision of various levels of administration, toclearly establish taking of responsibility at various levels; to havegood linkage, coordination and co-operation, to heed and value thevoice and aspirations of the people, to bring forth a democraticadministrative machinery, to safeguard the interests of the people,and to strongly guarantee rule of law and order and community peaceand tranquillity.[Separation of powers]

He noted that a principle has already been laid down forseparation of State powers, practice of the Presidential governmentalsystem, and for having two legislative Hluttaws; and his party hasconcurred with that.

Separation of powers, he went on, was to control power withpower, as there could develop tendencies towards dictatorial systems,abuse of powers, and one-sided persecutions when powers accumulatedin the hands of an individual or group; that was why the principlewas laid down for separate individuals and groups to exerciselegislative power, executive power and judicial power; but inpractice it was not possible to have a water-tight separation, ascould be seen from experiences at home and abroad; so it has beenagreed to have mutual interrelation, assistance and controls inexercise of the three powers.

The Presidential government is to give effect and life toresolutions and laws passed by the legislative Hluttaw; thelegislative Hluttaw is to pass necessary resolutions and laws foreffectiveness and success of the executive functions of thePresidential government.

The prescribing of Union ministries and the fixing of thenumber of Union ministers should be done by the Pyidaungsu Hluttaw;they are not just executive tasks; they have to be done withcomprehensive view of the entire Union's objective, nationalaspirations; and there will also have to be legislation forministries, and there will be necessity to augment ministries fromthe point of view of legislation; and it also involves budgeting andpublic finances; so it concerns the interests of the entire people;so it is proper that the prescribing of the number of ministersshould be done by Pyidaungsu Hluttaw comprising the Amyotha Hluttawand Pyithu Hluttaw.

After that the President is to exercise such executive powersas appointing ministers, assigning ministries etc.

In this way it concretises the separation of three powers withreciprocal control and assistance, and interrelation with harmonybetween the legislative Hluttaw and the Presidential government.[Local government]

Work Committee Chairman had clarified that district andtownship administration should be assigned in continuation todistrict administrative officers and township administrativeofficers.

Here, there is a break in linkage of democracy inadministration at various levels and it is like reviving a part ofthe colonial era machinery. At the central level, the President andpeople's representatives to sit in Pyidaungsu Hluttaw are elected bydemocratic process through elections; so also at Regions, States andself-administered areas, the way of elections is to be practised; butit is found that at district and township levels, administration isto be assigned to an individual administrative officer, a servicepersonnel, and at the most primary ward and village-tract level, acommunity head is to be elected.

In the Constitution envisaged now, there will be Uniongovernment at Union level; there will be governments concerned atRegion or State level; and there will be oozi aphwes at self-administered divisions and self-administered zones but, according toclarification by the Work Committee Chairman, it is found the styleof administration by a body is obliterated at district, township andward/village tract levels.

District level is for linkage and supervision between Union

government, Region or State government and township and ward/villagetracts; district administration should be done by districtadministration oozi aphwe rather than by an administrative officeralone; this oozi aphwe should be formed with persons selected andassigned [by] Region or State chief minister in consultation withgovernment ministers; the district administrative officer who is aservice personnel should be assigned as secretary at the oozi aphwe;in this way the form of administration at all levels would beconsistent.

Townships, wards and village tracts are most primary inimplementation of political, economic, administrative, security andsocial works; they are also inhabited by all kinds of national races;the administrative bodies that would emerge at these levels are towork in close contact with the people and be responsible to thepeople; so in order to be democratic in administration at theselevels, it is necessary to have administration undertaken notindividually but by a body; administrative bodies should be formed attownship, ward and village-tract levels; only then will it bepossible to work in accord with the wishes of the people and get theconfidence and co-operation of the people in the most primary areas.

The township administrative oozi aphwe should be formed withsuitable number of persons from amongst ward and village-tractadministrative committee chairmen in the township; the chairmenrepresenting various wards and village-tracts are to coordinate amongthemselves and elect the chairman of the township administrativecommittee chairman [sic]; township administrative officer who is aservice personnel should be assigned as secretary at the townshipadministrative oozi aphwe; in this way there would be no break indemocratic links and the form of administration at all levels wouldbe consistent.

The Work Committee Chairman had clarified that ward and villagetract administration should be assigned to ward or village tractadministrators elected by the people. In the present situation, somevillages are nearly as big as sub-townships or towns, by virtue ofthe density of population, expansion of productive activities, orlocation in networks of roadways; in such a situation it is difficultfor a single individual to undertake administration alone; a separatelaw should be made on election of members of ward or village-tractadministrative committees, their duties and rights andresponsibilities.

In conclusion he said these are proposals made by NationalUnity Party with aims at flourishing of genuine multi-partydemocracy, formation of a strong government that has the support ofthe people, practising of democracy in administration consistently,emerging of a democratic machinery from the centre to the base,emerging of an enduring Constitution in accord with the basicprinciples laid down by the National Convention, and smooth successof the National Convention.Lt-Col. Hla Maung (Retd)

Lt-Col. Hla Maung (Retd), representative-elect for Kya-in-Seikkyi Constituency-1, Kayin State, of representatives-electdelegates group submitted his proposal paper on the chapter "TheExecutive".

He said in a multi-party democracy system, the public would beunited, sympathetic, disciplined and cooperative and the Head ofState and all concerned in the government, Hluttaws, the Tatmadaw,administration, security and judicial departments would also bedutiful reaching in a harmonious relationship between the public andthe government. Then only could law be exercised for social progress.All the people should discharge their respective duties out of theirown volition in an administrative system. In brief, a government tobe formed should possess the following characteristics of democracy:

(a) power resides in the people,(b) the power of the government is restricted under

provisions of the constitution,

(c) the government comes into being with the agreement of theruled,

(d) a government capable of ensuring basic human rights,(e) a government of the majority respecting the rights of the

minority.A government possessing the above-mentioned characteristics,

should be the one formed with those chosen from among the PyidaungsuHluttaw representatives and then assigned duties.

The President of the State in the government to be formed wouldbe the Head of State but he would not be directly elected by thepeople. He would be elected by the electoral college which would beformed with Hluttaw representatives; the President would thus beelected by the Pyidaungsu Hluttaw. Hence the President should bedirectly responsible to the Pyidaungsu Hluttaw. The PyidaungsuHluttaw constituted with the vote of the people has exclusive rightto exercise the sovereign powers. So, the President is not the headof the presidential system but he could be described as the head ofthe parliamentary system government led by the President.[Central government]

So, in connection with formation of the government, thefollowing revised proposal would be submitted:

(1) The Head of State is the President of the State,(2) The Pyidaungsu Government shall be formed with the

following persons --(a) the President,(b) Vice-President,(c) Union Prime Minister,(d) Union Ministers,

(3) The President of the State shall(a) designate the Union government ministries as

necessary. Moreover, he can make changes in and addition to thedesignated ministries,

(b) allocate the number of Union ministries asnecessary. Moreover, he can increase or decrease the number ofallocated number,

(c) the President of the State shall submit to thePyidaungsu Hluttaw work done under the above-mentioned paragraphs 3(a) and (b) and seek its approval.

In the parliamentary system led by the President, PyidaungsuHluttaw chairman would have to assign the leader of the majority ofrepresentatives-elect or leader of the coalition group to form thegovernment. He would then become the Prime Minister and choosemembers of the cabinet from among the Hluttaw representatives incoordination with the President, after the approval of the PyidaungsuHluttaw the President should issue a gazette assigning duties.[Independent Attorney-General]

It is appropriate for the President to appoint a qualifiedperson as Pyidaungsu Attorney-General. It would be necessary toappoint a Deputy Attorney-General to assist the Attorney-General.But, duties of the Attorney-General are not like that of a Minister.He would have to serve as an expert to offer legal advice to thePresident of the State, the Prime Minister and the Hluttaws, and assuch he should be able to independently discharge duties. So, itwould not be appropriate to include the Pyidaungsu Attorney-Generalin the cabinet. He said he nothing to suggest about the PyidaungsuAuditor-General.[Local government]

In connection with district and township administrativesystems, he said out of the elected Hluttaw representatives in thePyithu Hluttaw, Amyotha Hluttaw and Region/ State Hluttaws those whohave not been assigned full time duties should lead thedistrict/township advisory bodies formed in the districts ortownships, and the bodies should comprise those in charge of eachdepartment. Necessary committees would be formed in those bodies todeal with regional development, rule of law, regional security anddefence, health and education and assign duties to those in charge of

the respective departments.At the village level, however, only the system of public

administration should be applied. The township administrative bodyshould make arrangements to enable villagers to elect, through secretvotes, a respectable person of good reputation who is able to leadthem as the head of the village administration called "headman" inold days. A village-tract administrative body would have to be formeddepending on the size of the villages concerned to assist thatadministrator. It would be appropriate for the body to carry outduties under the guidance of the township administrative body.

Every individual has the right to try to survive, live infreedom and enjoy life. Governments have been formed with people'svotes not to limit those rights but to protect them. All the peopleare duty bound to abide by the laws to be able to enjoy the rights byall. The citizens should not be made to carry out duties throughpromulgation of laws or issuing orders but they should do so as civicduty. This practice should be obtained through the teachings andtraining by parents and teachers and through participation in socialactivities. Then only would they develop cooperation, mutualunderstanding, tolerance and duty consciousness, ultimately take partin social organizations and build a genuine democratic state, heconcluded.Dr. Hmu Thang [& U Aung Thein]

Independent representative-elect Dr. Hmu Thang of ThangtlangConstituency, Chin State, delegate of Hluttaw representatives-electdelegates group, submitted a proposal paper compiled by himself and UAung Thein, Hluttaw representative-elect of Ywangan Constituency,Shan State, on formation of the chapter "The Executive".[Rotating Presidency & Vice-Presidency]

He said fundamental principles regarding the Head of State as'the Head of State is the President of the State' and regarding theexecutive as 'the head of executive of the State is the President ofthe State' have been laid down. He spoke of suggestion of delegate UYan Kyin Maw of Shan State Kokang Democratic Party, independentrepresentative-elect U Tuang Kho Thang of Tamu Constituency, SagaingDivision, and himself as follows:

"We are going to discuss election of Vice-President orPresident. Our Union of Myanmar is made up of Kachin, Kayah, Kayin,Chin, Bamar, Mon, Rakhine and Shan nationals based on liberty,equality and equal status. Hence, it is suggested that Presidentialcandidate or Vice-Presidential candidate be elected alternately fromamong Kachin, Kayah, Kayin, Chin, Bamar, Mon, Rakhine and ShanHluttaw representatives of Hluttaw with equal number ofrepresentatives elected from regions and states as an indication ofliving together on equal status of all national races, and only thenwill the meaning of cooperation on equal status be vivid."

So, he suggested that Presidential candidate or Vice-Presidential candidate of Amyotha Hluttaw be elected from among thenational races alternately.[Attorney-General and Advocates-General]

He said Union Attorney-General and region or state Advocate-General are to give legal advice to the President and respectiveregion or state Chief Minister and if necessary duties beunequivocally prescribed for implementation of Our Three MainNational Causes, safeguarding democracy system, protectingfundamental rights and privileges of the citizens, scrutinizingwhether functions of regional administrative bodies and personnelorganizations are in accordance with law and if not, for submittingthe matter thoroughly to the respective region or state Hluttaws. Tobe able to do prescribe so [sic], he said, it would be appropriate tokeep Union Attorney-General and region or state Advocate-Generalseparately without including them in the governments of the Union andregions or states. If there was such an organization as Council ofPeople's Attorneys when the State economy was promoted underSocialist democracy central-control system so as not to cause people

to suffer, such an organization would specially be necessary now whenmarket-oriented system, free of State control, is being practised onthe basis of genuine multiparty democracy system so as to be able toprotect fundamental rights and privileges of the citizens, hecommented.

He proposed that Union Government or region or stategovernments be formed as follows:

1. Union Government is to be formed with--(a) President of the State(b) Vice-Presidents(c) Union Ministers;

2. Region or state government is to be formed with--(a) region or state Chief Minister(b) region or state Ministers

If a review is made of a fundamental principle as 'thePresident of the State shall possess specific qualifications requiredof the President in addition to qualifications required to stand forelection to the Hluttaw' will reveal qualifications of a Hluttawrepresentative, he said.[Ministers from each region or state]

So, he said, priority should be given in appointing UnionMinisters to selecting from among the Hluttaw representatives and aUnion Minister is to be appointed from each of the regions andstates. The Ministerial position above that is also to be selectedfrom among Hluttaw representatives and Union Minister should beselected from among prestigious persons of intellectuals andintelligentsia and State service personnel, if they possessqualifications prescribed for Hluttaw representatives.[Self-administered areas]

He quoted Work Committee Chairman's address on 2-9-94 as sayingthat to be able to appoint chairman of the self-administered divisionor self-administered zone leading body, a suitable person should beselected from among Hluttaw representatives after coordinationbetween members of the respective leading body. If the right toselect respective head independently of their own will is given tomembers of the self-administered areas, region or state ChiefMinister should also be selected and appointed according to commondesire after coordination between representatives of the respectiveregion or state Hluttaw, he said, adding it would not only beconformity with democratic practices but also be appropriate if thePresident is to appoint the person selected as region or state ChiefMinister and this will contribute to flourishing of multi-partydemocracy system.[Region/State governments]

Regarding appointment and assignment of duties to region orstate Chief Minister as explained by the National ConventionConvening Work Committee Chairman, he said, paras 5, 6 and 7 shouldbe amended and substituted as follows:

1. Paragraph 5 should be amended as --'To appoint Region or State Chief Minister, the President

of the State shall obtain from respective Region or State Hluttaw thename of a suitable Hluttaw representative-elect who possessprescribed qualifications'.

2. Paragraph 6 should be amended as --'The President of the State shall appoint the Hluttaw

representative selected and sent from the respective Region or StateHluttaw and approved by himself as respective Region or State ChiefMinister.

3. Paragraph 7 should be amended as --'The President shall have no authority to revoke Hluttaw

representative selected and sent from the respective Region or Statefor appointing Chief Minister of the region or state unless he canclearly prove want of qualifications prescribed for the Region orState Chief Minister.U Aung Thein

U Aung Thein, Hluttaw representative-elect of Ywangan

Constituency, Shan State, submitted the remaining part of theproposal paper.

He said Head of State is the President of the State and as heis the Head of State, Union Ministers, Deputy Ministers, region orstate Chief Minister and Minister are directly or indirectlyresponsible to him.[President should have right to fire Tatmadaw Ministers]

Similarly, assigning of Tatmadaw servicemen as Union Ministersand Deputy Ministers, prescribing ministries for them and terminatingthem from duty should be carried out as in the ways for other UnionMinisters and Deputy Ministers, he said, adding Tatmadaw servicemenassigned duties as region Ministers or state Ministers should also bethe same as other Ministers. If such matters are to be carried outafter coordination with the Commander-in-Chief of Defence Services,it would not be reasonable and it can be a separate independent armedorganization not related to the President of the State and theMinistry of Defence, he commented and remarked that decision of theUnion Government and regional governments must be of prime importanceif it is in accordance with genuine democracy means.

So, regarding appointment of Tatmadaw servicemen as UnionMinisters and Deputy Ministers and Region or State Ministers, hesuggested that the phrase 'after coordination with the Commander-in-Chief of Defence Services' should not be included in writing theConstitution.[Self-administered areas]

Regarding formation of self-administered division or self-administered zone leading body, he also suggested that the followingbe laid down as principles to serve as bases instead of Para 4 and 8,as explained by the Work Committee Chairman:

1. to designate constituencies based on areas of nationalraces and sub-races;

2. in designating constituencies so, if the total number ofRegion or State Hluttaw representatives elected from townships in therespective self-administered division or self-administered zone andrepresentatives of national races is less than 10, moreconstituencies based on population are to be added till the totalnumber is 10;

3. to form self-administered division or self-administeredzone leading body with representatives of the constituencies, Regionor State Hluttaw representatives elected from townships and Tatmadawservicemen Hluttaw representatives.[Local government]

Regarding district and township administration, he said thefollowing should be laid down as fundamental principles:

1. to form district administrative body at district leveland township administrative body at township level with people'srepresentatives elected from respective constituencies andadministrative duty is to be assigned to them;

2. to distribute executive power to these bodies asstipulated by the Constitution;

3. to prescribe the number of members of the bodies andtheir responsibilities, rights and privileges by enactment ofseparate law.

He said their discussions were based on some points of theNational Convention Convening Commission Chairman's explanation, ofwhich they had different opinions, and on a belief that aConstitution would emerge as best for the State.

He said they would be happy if their proposals would contributeto marching on a genuine democracy path.U Tuang Kho Thang

U Tuang Kho Thang, an independent representative-elect for TamuTownship Constituency, Sagaing Division, of representatives-electdelegates group submitted his proposal paper on the chapter "TheExecutive".

He said the government and its members would have to be formed

with only those elected by the people, the Attorney-General and theAdvocate-General should not include in the governments concerned.

So, governments should be formed as follows:(a) Pyidaungsu government should be formed with

(1) The President of the State,(2) Vice-Presidents,(3) Pyidaungsu Ministers,

(b) State government should be formed with(a) region or state Chief Minister,(b) region or state Ministers.

[Ministers should not have to resign Hluttaw seats]He said that in connection with appointing Ministers in the

Pyidaungsu Government, the President shall(1) choose suitable Pyidaungsu Hluttaw representatives having

prescribed qualifications from among the Pyithu Hluttawrepresentatives or Amyotha Hluttaw representatives. In so doingpriority should be given to electing one native Pyidaungsu Hluttawrepresentative from each region and state,

(2) give priority to Tatmadaw servicemen representatives outof Pyidaungsu Hluttaw representatives elected by the people inchoosing the Minister for Defence and the Minister for BorderAffairs. The Tatmadaw servicemen representatives thus assigned dutiesshall be deemed to have resigned from the Tatmadaw once they havebeen elected as Hluttaw representatives.

The Work Committee Chairman clarified that if the President ofthe State, Pyidaungsu Ministers, the Attorney-General and DeputyAttorney-General happened to be Hluttaw representatives they wouldhave to resign from being representatives of the respective Hluttaws.

It is understood their having to resign was for separation oflegislature and the executive so that administrative duties could becarried out more dutifully.

Though it is easy to substitute a non-Hluttaw representative orcivil servant with a civil servant, it would not be easy to replacean elected Hluttaw representative with another person. A bye-electionhad to be held to elect a new Hluttaw representative.

Hence, with the exception of the President post, Hluttawrepresentatives having to take over administrative duties should notbe made to resign from their being a hive duties should not be madeto resign from their being Hluttaw representatives.

If they are to be made to resign, bye-elections should be heldto elect new Hluttaw representatives.[Local government]

It is believed the bureaucratic machinery conforming todemocratic bases and democratic norms is a machinery part thatcontributes best to the people's democratic administration.

So, district and township level administrative bodies should beformed with persons elected by the people.

In forming administrative bodies, the chairman, vice-chairmanand secretary should be those elected by the people and the districtdeputy commissioner or township officer of the General AdministrationDepartment would serve as joint secretary in the district/townshiplevel administrative bodies to be formed.[Adoption of the Constitution]

After the present constitution has been written and approved,Pyithu Hluttaw would finalize the draft constitution based on thebasic principles formulated by the National Convention. The draftconstitution would then be passed through a referendum.

It is believed that then only would the people's democraticadministration be formulated enabling people's participation.

If the State Constitution is to be drafted based onmisconceptions and suspicions towards one another it would not lastlong though it may be good in form.

The constitution or the soul of the Union should be writtenbased on mutual trust and faithful to one's word or the PanglongSpirit. In conclusion, he said if it is based on mutual trust and onessence of democracy, an enduring constitution would emerge. (NLM

12/14)Dec. 14: The Plenary Session of the National Convention

continued, with 517 of 590 delegates present. Proposal papers on theExecutive were presented by delegates from the representatives-elect[cont.] and nationalities delegates groups [full texts]:Representative-elect delegates

U Yaw Aye Hla of the representatives-elect delegates group saidthat Pyidaungsu Hluttaw would have to choose a suitable person fromamong the elected Hluttaw representatives to be appointed asPyidaungsu Attorney-General and nomination would be submitted to thePresident. The President would have no right to reject the nominationexcept in the case of his being disqualified for the Attorney-General. Pyidaungsu Hluttaw would choose the Attorney-General whowould thus be responsible to Pyidaungsu Hluttaw.[Advocates-General]

Similarly, region or state Hluttaw would have to nominate anAdvocate-General out of elected Hluttaw representatives and submitthe nomination to the President. The President would have no right toreject the nomination except in the case of his being disqualifiedfor the Advocate-General. The region or state Advocate-General wouldbe responsible to the region or state Hluttaw.

The region or state Advocate-General would assist the region orstate Chief Minister in legal matters. He would have to make surethat work done by the region or state governments is according tolaw. He would provide legal protection to people of the respectivestates in their damages and complaints. He should not be included inthe region or state government concerned.[Civil Service Board]

The Auditor-General and formation of the Union Civil ServiceBoard are essential for a country. There is nothing to suggest overthe Auditor-General but some suggestions would be made over theformation of the Union Civil Service Board. Progress or otherwise ofa nation depends directly on performance at different levels of thecivil service organizations. Effectiveness and dynamism of anadministrative machinery is linked to the performance of civilservants. Hence, every government should provide opportunities forthe life security and advancement of civil servants as much as theyexert their efforts. As steps are under way to march toward multi-party democracy system in the country the civil service organizationsshould be undertaking tasks dutifully for the government that wouldcome to power. The civil service organizations would always serve thecountry in spite of changes in the government. They should be loyalto the nation and free from party politics. People's representativeswould make laws and the government would enforce them with the helpof civil servants. Civil servants would have to play a vital role forthe smooth running of the government's administrative machinery.[Region/State Government]

If the President chooses the Chief Ministers of regions andstates by himself it would amount to discarding the wishes of theregion or state Hluttaws. Residents of the regions and states wouldlose their democratic rights. Essence of democracy would be reducedand it would then be centralised. With no need to take into accountof [sic] the wishes of the region or state Hluttaws, the power of thePresident would grow unhindered.

In connection with secretary posts in the region or stategovernments, he said Region/State General Administration DepartmentCommissioners should not serve as region or state governmentsecretaries. Instead, he said, the region or state Chief Ministershould choose one from among the region or state Hluttawrepresentatives and appoint him secretary. Region or State GeneralAdministration Department heads being service personnel should beresponsible to the State governments and they should be assignedduties for the smooth running of functions of the region or stategovernments. Region or State General Administrative Departments

should be region or state government offices.[Tatmadaw role]

Regarding Tatmadaw servicemen's role to be played in nationaldefence and security, he recalled cooperation between the people andthe Tatmadaw in struggles against colonialists and fascists,repelling KMT forces and suppressing insurgents. Tasks would notachieve success without people's cooperation nor last long, he said.The Tatmadaw was born of the people. He said the Tatmadaw is the mainbulwark in national defence at the same time public support andcooperation should be taken into account.

Hence, national defence and security committees at variouslevels should be formed for the Tatmadaw and people's representativesto cooperate in discharging defence, security and borderadministration duties in the Pyidaungsu government, region or stategovernments or self-administered district/zone leading bodies. Thenonly would the people participate in defending the nation. Everycitizen would then be duty bound to defend the nation.[Union territories]

In connection with Union territory, he said he had nothing tosuggest since a basic principle had already been laid down to theeffect that territories that have extraordinary security,administrative and economic conditions are to be prescribed as Unionterritories and placed under direct administration of the President.

He noted that his proposals were based on the speech of theWork Committee Chairman given on 2 September 1994. He said hesuggested only points that did not concur with those in the speech.[National Race delegates]U Nyi Lay

U Nyi Lay of the national race delegates group, delegate fromMohnyin Township, Kachin State, said detailed principles should belaid down as follows:

1. The executive head of the State is the President of theState;

2. (a) The executive power of the State is distributed amongthe Union, Regions and States;

(b) Self-administration powers are delegated to self-administered areas as prescribed by the Constitution;

3. The Union government shall be set up with the followingpersons:

(a) President of the State(b) Vice-Presidents(c) Union Ministers(d) Attorney-General of the Union

4. The President of the State may(a) prescribe Union ministries as necessary, make

changes or additions thereto;(b) prescribe the number of Union ministers as

necessary, and increase or decrease the number;5. Union ministers must possess the following

qualifications:(a) they must be at least fully 40 years of age;(b) they must have qualifications prescribed for Pyithu

Hluttaw members except the qualification of age;(c) they must be loyal to the State and the citizenry.

In appointing Union ministers, the President should do so onlyafter seeking the approval of Pyidaungsu Hluttaw.

The following principles should be laid down to appoint Unionministers:

1. The President shall(a) choose suitable and qualified persons from among

Hluttaw members as well as non-members for appointment as Unionministers;

(b) get nominations from the Commander-in-Chief of theDefence Services for appointment of Union ministers for defence,security, home affairs and border affairs.

2. The President is to present these nominations toPyidaungsu Hluttaw for approval;

3. Pyidaungsu Hluttaw shall not have the right to turn downthe nominations for Union ministers unless it can show clear proof ofany wanting in qualifications;

4. If the Pyidaungsu Hluttaw turns down any nomination, thePresident shall have the right to make nominations anew and seek theapproval of the Pyidaungsu Hluttaw;

5. The President is to appoint approved nominees as Unionministers and assign a ministry or ministries to each of the Unionministers;

6. If the President deems it necessary to appoint Tatmadawmembers as Union ministers other than those for defence, security,home affairs and border affairs he shall proceed in coordination withthe Commander-in-Chief of the Defence Services;

7. The President shall report to the Pyidaungsu Hluttawevery time it [sic] makes an appointment of Union ministers;

8. The Union ministers shall be directly responsible to thePresident.

The President of the State is to choose a qualified andsuitable person as Attorney-General to give legal advice.

The President of the State is to choose a qualified andsuitable person as Auditor-General to examine accounts of governmentorganizations and report to Hluttaws concerned.

Union Civil Service Board is to be formed to undertakeselection, training and regulation of service personnel of stipulatedgrade of the civil service organizations. It should be a body formedby the Constitution.U Tint Aung

U Tint Aung of the same group, delegate from Pyu Township, BagoDivision, said detailed principles should be laid down as follows:

1. Region government shall be formed in Region; Stategovernment shall be formed in State;

2. Region or State government shall be formed with thefollowing:

(a) Chief Minister of Region or State;(b) Ministers of Region or State;(c) Advocate-General of Region or State.

3. The President of the State may (a) prescribe Region or State ministries as necessary,

make changes or additions thereto;(b) prescribe the number of Region or State ministers

as necessary, and increase or decrease the number;4. Region or State chief minister and ministers must possess

the following qualifications:(a) they must be at least fully 35 years of age;(b) they must have qualifications prescribed for Region

or State Hluttaw representatives except the qualification of age;(c) they must be loyal to the State and the citizenry.

5. To appoint as chief minister of Region or State, thePresident of the State shall

(a) choose a qualified and suitable one from amongRegion or State Hluttaw members

(b) present the nomination to the Region or StateHluttaw.

6. The President of the State shall appoint the Region orState Hluttaw member approved by the Region or State Hluttaw as thechief minister of Region or State.

7. Region or State Hluttaw shall have no right to turn downanyone in the nomination of the President of the Union if it cannotshow clear proof of any wanting in qualifications.U Maung Maung Ko

U Maung Maung Ko of the same group read the last part of theproposal paper.[Self-administered area, Region/State, Union territory, & localgovernment]

Self-administered divisions and self-administered zones needadministrative bodies; they should be called self-administereddivision leading body (Oo-zi Aphwe) and self-administered zone ooziaphwe.

It has been laid down for areas with special conditions inState defence, security, administrative and economic aspects toprescribed as Union territory and placed under direct administrationof the President of the State; it has also been laid down that YangonCity is to be prescribed as such and placed under directadministration of the President of the State.

At district and township level, administrative work should becarried on by service organizations of district administrativeofficers and township administrative officers.

At the district level, along with the district administrativeofficer, Tatmadaw members assigned by the Commander-in-Chief of theDefence Services will participate as necessary in duties ofmaintaining law and order and community peace and tranquillity.

The ward and village-tract level is one with greatest contactwith the people; so administration at this level should be entrustedto ward or village-tract administrators elected by the people. Theirelection, duties and rights should be prescribed by separate law.

He said the proposal paper just presented contained pointsagreed on by all in the group; there were also proposals made inaddition to that by individual delegates; it is not a submission ofproposals other than those agreed on by all, but just additions; hewent on to submit them as part of the group's proposal paper.[Additional suggestions by individual national races delegates]

Kachin State national race delegates suggested that the chiefminister of Region or State, instead of being chosen and appointeddirectly by the President of the State, should be elected by majorityvote among Region or State Hluttaw members, and submitted to thePresident of the State for confirmation; they also suggested thatthere should be re-formation of some townships in Region or Statethat do not even have 0.1 per cent population.

Chin State delegates suggested districts, townships, village-tracts and wards be extensively reorganized for smoothness ofregional administration and for flourishing of transport, economy andsocial affairs. In formation of the Union Government, he said, aUnion Minister each and a Deputy Minister each should be appointedfrom among Hluttaw representatives elected from national races andnon-Hluttaw representatives. A member each from among national racesis to be included in formation of the Union Civil Service Board. AHluttaw representative approved of their own will after coordinationamong themselves is to be selected as Chief Minister of therespective region or state who is to be appointed by the President ofthe State. It is appropriate to appoint suitable representative ofthe region or state Hluttaw representatives as the secretary of therespective region or state government. In district and township leveladministrations, a body including people's representatives should beformed for security, rule of law and community peace andtranquillity, he suggested.

Delegates of Mon State and Yangon Division suggested age limitsof people's representatives, Union Minister and Deputy Minister andRegion or State Chief Minister and Ministers should be revised. Hesaid prescribing of age limits is in consideration of experience andmaturity. He spoke of experience, knowledge, patriotism and loyaltyto the State and people are qualifications essential for persons whoare to rule the nation and said some experienced, educated personswere less loyal to the State in history. He said some persons,despite their experience and maturity, were minions of colonialismwhile Bogyoke Aung San, before attaining 33 years of age, was anational leader. It dow not mean there should not be age limits;necessary age limits must be prescribed for the posts of ChiefJustice, the Attorney-General and the Auditor-General who should havenecessary technical qualifications, he said, giving a reason a personcannot be a legal expert or experienced statistician at 25.

National races delegates of Shan State desire the kind ofadministrative system at district and township levels in which onlypeople's representatives, born of parents both of whom are nationals,must be included. They want privileges in addition toresponsibilities and rights of elected ward or village-tractadministrator to be prescribed by enactment of a separate law becausethey view that difficulties would occur in marching toward theaspired democracy State if British colonialists' bureaucracyadministrative system were to be revived.

Delegates of Ayeyawady Division suggested a law and necessaryrules be enacted when a State Constitution emerges for provision of aregional democracy administrative system, which will expeditiouslyand effectively bring about welfare of the people in accordance withcommon desire.

U Kum Je Tawng of Myitkyina Township, Kachin State, is of theview that a law should be enacted for all national races in therespective region or state to have an opportunity of being able todischarge duties as head of the region or state. Necessary measuresshould be taken for appointing a Deputy Chief Minister along with theRegion or State Chief Minister and only would prospects be directedtoward bringing about an opportunity for national races to be able todischarge alternately duties as head of respective region or state,undertaking of administrative, security, economic, development andsocial tasks without losing momentum and unity, mutual respect andcooperation and satisfaction in undertaking duties [sic].

He said these proposals were put forward for consideration ofthe National Convention and the national races delegates group wouldrespect decisions of the Convention.

He quoted the address of the National Convention ConveningCommission Chairman Lt-Gen. Myo Nyunt at the Plenary Session on 18-1-94 as saying "In connection with the executive system of the State,to mention some significant points worthy of note, it must beobserved that today, unlike in the past, communications andtransportation are advancing extremely rapidly in the world. All overthe world, in political, economic, social and military spheres,things are happening, changing, at a fast pace, by the minute, by thehour. In order to protect the interest of one's nation, an active anddynamic executive machinery is truly needed for protecting our ownnational interests in accord with the changes in the internationalspheres. Specially, the future administrative system needs to beadvanced and dynamic for perpetuating national sovereignty,safeguarding integrity of territorial land, sea and air space andpreventing any harm to national interest and national integrity."

In accordance with the Commission Chairman's address, effortsare directed toward emergence of a Constitution which is in resonancewith the six objectives of the National Convention, he said inconclusion. (NLM 12/15)

Plenary Session--Judiciary Dec. 15: The Plenary Session of the National Convention

continued, with 513 of 590 delegates present. Proposal papers on theJudiciary were presented by the Peasant, Worker, Intellectuals andintelligentsia, and State service personnel delegates groups [fulltexts of "salient points" as published in NLM]:Peasant delegates group

U Kyaw Nyein, delegate from Kalaw Township, Shan State, fromthe peasant delegates group said he would present the first part ofthe group's paper on "The Judiciary" to be included in the StateConstitution.

He said correct and fair administration of justice in thecountry would win public reliance and confidence in the State andthen lead to people's progress. In other words, administration ofjustice and the rule of law are basic requirements for peace andstability and modernity and development of the nation. One of the six

objectives of the National Convention is "further flourishing ofnoblest and worthiest of worldly values namely justice, liberty andequality in the State."

He said basic principles should be laid down in connection withdistribution of judicial powers to civil courts, military courts andconstitutional tribunal.[Union courts]

As basic principles have already been laid down, the Pyidaungsu(Union) Hluttaw is concerned with the whole of the Union. Moreover,it is responsible for supervision of different levels of civilcourts. Hence the name of the Union Hluttaw should be called"Pyidaungsu Taya Hluttaw-chok" (Supreme Court of the Union).

So, detailed basic principles should be laid down in connectionwith distribution of judicial powers as follows:

Judicial powers of the State shall be distributed as follows:(a) Supreme Court of the Union,

High Courts of the Regions,High Courts of the States,Courts of the Self-Administered Divisions,Courts of the Self-Administered Zones,District Courts,Township Courts,

courts established according to law and judges appointed according tolaw, under provisions of the State Constitution or other laws,

(b) Courts-martial under provisions of the State Constitutionor other laws,

(c) Constitutional Tribunal under the provisions of the StateConstitution.

In laying down basic principles in connection with appointmentof Union judges, the President of the State should nominate them inconsultation with the Union (Supreme Court of the Union) ChiefJustice, and appoint them as Union judges with the approval of thePyidaungsu Hluttaw.

Hence, basic principles should be laid down on the formation ofcourts at different levels as follows:

1. in the State is constituted one Supreme Court of theUnion, the Supreme Court of the Union is the supreme law court of theState which shall not affect judicial powers vested in theConstitutional Tribunal and courts-martial.

2. (a) the Head of the Supreme Court of the Union shall becalled Chief Justice of the Union,

(b) minimum number of seven to maximum number of 11Supreme Court judges including the Chief Justice of the Union shallbe appointed,

3. (a) the President shall appoint the person nominated byhim and approved by the Pyidaungsu Hluttaw the Chief Justice of theUnion,

(b) the Pyidaungsu Hluttaw shall not have the right toreject the person nominated by the President for appointment of theChief Justice of the Union unless it can show clear proof of anywanting of qualifications prescribed in the Constitution,

4 (a) the President shall compile a list of nominees incoordination with the Chief Justice of the Union for submitting it tothe Pyidaungsu Hluttaw and appoint the person approved by thePyidaungsu Hluttaw as a judge of the Supreme Court,

(b) The Pyidaungsu Hluttaw shall not have the right toreject a person in the list nominated by the President forappointment of a judge of the Supreme Court unless it can show clearproof of any wanting in qualifications prescribed in theConstitution.U Kyi Tint

U Kyi Tint of peasant delegates group of Danubyu Township,Ayeyawady Division, submitted the remaining part of the paper.[Region or State courts]

Regarding administration of justice, he suggested the alreadyadopted fundamental principle 'a region Taya Hluttaw (Region High

Court) is constituted in each of the states' should be provided inthe chapter the Judiciary.

So. regarding the matters, the following should be laid down asdetailed principles to serve as bases:

1. There shall be one High Court of the Region in eachregion and one High Court of the State in each state.

2. (a) The head of the High Court of the Region inrespective regions and the head of the High Court of the State inrespective states shall be called Chief Justice of the Region orChief Justice of the State respectively;

(b) At least three and maximum seven Judges of the HighCourt of the Region or Judges of the High Court of the Stateincluding Chief Justice of the High Court of the Region or State canbe appointed to the High Court of the Region or High Court of theState.

3. (a) The President of the State is to compile anomination list for the appointment of the Chief Justice of the HighCourt of a Region or a State and a nomination list for theappointment of Judges of the High Court of the Region or the State,in consultation with the Chief Justice of the Union and the ChiefMinister of the Region or State concerned, and send them to theRegion or State Hluttaws concerned;

(b) The President of the State shall appoint personsapproved by the respective Region or State Hluttaws as the ChiefJustice of the High Court of the Region or State and as Judges of theHigh Court of the Region or State for the respective regions andstates;

(c) A region Hluttaw or a state Hluttaw shall have noright to reject nominees of the President of the State for theappointment of the Chief Justice of the High Court of the Region orthe State and nominees for the appointment of Judges of the HighCourt of the Region or the State unless it can show clear proof ofwant of qualifications prescribed for the Chief Justice of the Regionor the State or Judges of the High Court of the Region or the State.[Lower courts]

Regarding formation of various levels of courts under the HighCourt of the region or state, the following should be laid down asprinciples to serve as bases:

(a) if there is no self-administered area in the region orstate

(1) district courts(2) township courts

(b) if there is a self-administered area in the region orstate

(1) In the self-administered division(aa) court of the self-administered division(bb) township courts

(2) In the self-administered zone(aa) court of the self-administered zone(bb) township courts

(3) In other areas(aa) district courts(bb) township courts

(c) in Union territory(1) district courts(2) township courts

(d) other courts set up by law.He said the address of the State Law and Order Restoration

Council Secretary-1 Lt-Gen. Khin Nyunt at a work coordination meetingof state, division and district-level judges and district-leveljudges and state and district-level law officers on 22 August 1994clearly spotlighted aspects of the present system of one-judgeadministration of justice and spoke of the weaknesses of the system.He quoted the Secretary-1 as saying, "Decisions of courts of origin,had to be revised in many cases; punishments were meted out for 85.2per cent of cases already completed with acquittals in the period

from 1-5-93 to 30-6-94; for these irregularities, action has beentaken against 434 judges and judicial personnel and even then therehas been no effectiveness."

He attributed this to vesting of the judicial power only in onejudge.[Joint judge/people justice]

The present Constitution is to be written to be as best andappropriate as possible, with a long-term interest of the peopletaken into consideration and lessons drawn from the past and thepresent, he noted. He said it would not be sufficient to appoint asingle legal expert, judge, as civilian personnel and power is vestedin him in all courts except the Pyidaungsu Taya Hluttawgyok (SupremeCourt of the Union) and region or state Taya Hluttaw (region or stateHigh Court). He pointed out that township and district levels are inclose contact with people and if judicial power is vested in only onecivil personnel, there will be misuse of power for self-interest.

So, he said, a suitable system of administration of justice forthe future democracy State in district and township levels should beadministration of justice by the legal expert, judge, jointly withthe people, adding it is time to adopt a system of administeringjustice by joint undertaking.

He said peasant delegates believe in all seriousness thatputting forward fine suggestions to the National Convention foremergence of an enduring Constitution, having welfare of the futuredemocracy State in view, is discharging a national duty.

He said the delegate group would continue to submit goodsuggestions, based on 104 fundamental principles already laid downand in conformity with the six objectives of the National Convention.Worker delegates group

U Khin Maung Swe of worker delegates group, delegate from HlineTownship, said detailed principles should be laid down as follows:

Judicial powers of the State are distributed as follows(a) by the Constitution or by other law, to the Supreme Court

of the Union, High Courts of the Region, High Courts of the State,courts of self-administered division, courts of self-administeredzone, district courts, township courts and other courts establishedby law, and judges appointed in accord with law;

(b) by the Constitution or by other law, to the courts-martial;

(c) by the Constitution, to the Constitutional Tribunal.[Union courts]

Detailed principles should be laid down also as follows:1. There shall be established a State Constitution of the

Union; without infringing upon the powers of the ConstitutionalTribunal and the courts-martial, the Supreme Court of the Union isthe highest court of law of the State.

2. (a) The head of the Supreme Court of the Union shall becalled Chief Justice of the Union;

(b) In the Supreme Court of the Union, there may beappointed a minimum of seven and a maximum of eleven judges of theSupreme Court, inclusive of the Chief Justice of the Union.

3. (a) The person nominated by the President of the Stateand approved by the Pyidaungsu Hluttaw shall be appointed ChiefJustice of the Union by the President of the State;

(b) The Pyidaungsu Hluttaw shall have no right to turndown the nomination for the Chief Justice of the Union presented bythe President of the State, unless it has clear proof of any wantingin qualifications prescribed by the Constitution.

4. (a) Persons nominated by the President of the State inconsultation with the Chief Justice of the Union, and approved by thePyidaungsu Hluttaw shall be appointed judges of the Supreme Court bythe President of the State;

(b) The Pyidaungsu Hluttaw shall have no right to turndown the nomination for the judges of the Supreme Court presented bythe President of the State, unless it has clear proof of any wanting

in qualifications prescribed in the Constitution.[Qualifications]

He said persons exercising judicial powers must be free ofunfairness due to one's own wish, anger, fear or ignorance; judges ofthe Union should be free of party politics and should not be Hluttawmembers; so detailed principles should be laid down as follows:

The Chief Justice of the Union and judges of the Supreme Courtshall have the following qualifications:

(a) they shall be not younger than 50 and not older than 70years of age;

(b) they shall have qualifications required of Pyithu Hluttawmembers, except that for stipulation of age;

(c) (1) they shall have served at least five years asjudges of the High Court of the Region or State (or)

(2) if they are judicial or law servicepersonnel, they must have served at least ten years at a post notlower than Region or State level (or)

(3) they must have been handling cases at least20 years as an advocate (or)

(4) persons deemed by the President of the Stateas law experts of high reputation;

(d) they must be loyal to the State and the citizenry;(e) they must not be members of any political party;(f) they must not be members of Hluttaw.

[Termination]He also proposed the following detailed principles:If a chief justice of the Union or a judge of the Supreme Court

commits the following, the President of the State may order thatperson to resign or terminate that person's performance of duties:

(a) a breach of allegiance to the State;(b) violation of provisions of the Constitution;(c) moral turpitude;(d) loss of qualifications required of the chief justice of

the Union or judge of the Supreme Court as prescribed in theConstitution. (NLM 12/16)Worker delegates group [cont.]

U Kyaw Nyunt (a) U Nyunt Lwin of the worker delegates group, ofLoikaw Township, Kayah State, said the following should detailedprinciples should be laid down:

1. The chief justice or a judge of the high court of theRegion or State may be impeached for commitment of the following:

(a) breach of allegiance to the State;(b) violation of provisions of the Constitution;(c) moral turpitude;(d) loss of qualifications required of the chief

justice or judge of the high court of the Region or State asprescribed in the Constitution.

2. A motion to impeach the chief justice or a judge of thehigh court of the Region or State shall be signed by at least threefourths of the total number of Region or State Hluttaw members andsubmitted to the chairman of the Region or State Hluttaw.

3. The chairman of the Region or State Hluttaw shall havethe accusations investigated by an inquiry committee, stipulating thetime allowed for inquiry depending on the volume of work to becarried out in the inquiry.

4. In the inquiry, the person accused shall be given rightof defence in person or through a representative.

5. If the inquiry committee submits it finds the accusationsare right, the chairman of the Region or State Hluttaw is to reportto the Region or State Hluttaw; if two thirds of the total number ofRegion or State Hluttaw members decide that the accusations are rightand the accused person should not continue to serve as chief justiceor judge of the high court of Region or State, the chairman of theHluttaw is to report it to the President of the State.

6. Thereupon, the President of the State shall terminate theperformance of duties of that person as chief justice or judge of the

high court of the Region or State.7. If the Region or State Hluttaw decides the accusations

are not right, it shall be so reported by the chairman of the Hluttawto the President of the State.[Urgent need for legal ethics]

At present, he said, there were seen acts that marredadministration of justice and judges were persons most responsible tokeep the pillar of justice upright; it was important that theyrefrained from using for their own personal gain the powers conferredby the State; they must try to make the court a place of congregationby persons of integrity, or whom the people relied to help preventloss to the people by law; judges have responsibility to abide bylaws, rules and regulations, while upholding their own personalintegrity and staying free of any wrongdoing or corruption; forces onthe side of law in seeking the truth, such as law officers, lawyersand prosecuting organizations too have to perform their duties andexercise their rights with honesty and sincerity; lawyers shouldavoid striving only to win their cases without regard to truth; onlywhen there is righteousness, fairness, and consideration will thereflourish a righteous and fair judicial system; only then will thecountry prosper, and the people have confidence in and love thegovernment and personnel in the service of the State.

He said their group had presented proposals and the NationalConvention could coordinate and deliberate on them in accord with thewill of the majority.Intellectuals and intelligentsia delegates

U Ye Dwe, delegate of the intellectuals and intelligentsiadelegates group, submitted the proposal paper of the group on thechapter "The Judiciary".

He said clarifications of Chairman of the National ConventionConvening Work Committee highlighted the courts at different levelsto be established in future. They are found to be in conformity withthe form of the future administrative machinery. Hence, pointsclarified by the Work Committee Chairman should be laid down as basicprinciples.

The Supreme Court of the Union is the supreme law court of theState which shall not affect judicial powers vested in theConstitutional Tribunal and courts-martial. It would have tosupervise the functions of Region or State High Courts and courtsunder their charge. Criminal cases occurred in the Region, States andself-administered divisions are to be sent to the Region or StateHigh Courts. Only cases not satisfied with the decisions of thesecourts would be sent to the Supreme Court of the Union. So, it isappropriate to constitute the Supreme Court of the Union with aminimum number of seven to a maximum number of 11 Supreme CourtJudges including the Chief Justice of the Union to cope with the highvolume of work.

In connection with appointment of the Chief Justice of theUnion, it had been clarified that the President shall appoint theperson nominated by him and approved by the Pyidaungsu Hluttaw theChief Justice of the Union, and that the President shall compile alist of nominees in consultation with the Chief Justice of the Unionfor submitting it to the Pyidaungsu Hluttaw and appoint the personapproved by the Pyidaungsu Hluttaw a judge of the Supreme Court ofthe Union. Since it is most appropriate it should be laid down asbasic principle.

Similarly in the case of appointing the Chief Justice andjudges of the High Court of a Region or State, it had been clarifiedthe President shall nominate the Chief Justice and judges of the HighCourt of a Region or State in consultation with the Chief Justice ofthe High Court of the Region or State concerned with the approval ofthe Region or State Hluttaw concerned. This should also be laid downas basic principle.["Good reputation" better than "high reputation"]

Regarding qualifications to be prescribed for Chief Justice and

judges of the Supreme Court of the Union and Chief Justice and judgesof the High Court of a Region or State, the Work Committee Chairmanclarified "persons deemed by the President as law experts of highreputation". Instead it should be "deemed by the President as lawexperts of good reputation". It would then carry more meaningfulessence and their qualities of being good and able persons becomemore evident. So, it is suggested to take into account of this point.

Truly, judges should be free from party politics and theyshould not be Hluttaw representatives. Then only would they beprevented from misusing judicial powers.[Qualifications of Region or State Judges]

As regards prescribing qualifications for Chief Justice andjudges of the Region or State High Court concerned, basic principlesshould be laid down that

-- Chief Justice of the Region or State High Court shallhave the following qualifications:

(a) they shall be not younger than 45 years and not olderthan 65 years of age,

(b) they shall have qualifications required of Region orState Hluttaw members, except that for stipulation of age;

(c) (1) If they are judicial or law officers, they musthave served at least five years at a post not lower than region orstate level or at least 10 years at a post not lower than districtlevel (or)

(2) they must have handled cases for 15 years asan advocate (or)

(3) deemed by the President as law experts ofgood reputation,

(4) they must be loyal to the State and thecitizenry,

(5) they must not be members of any politicalparty,

(6) they must not be members of Hluttaw.In conclusion, he said the intellectuals and intelligentsia

delegates group had just submitted slight changes to be made in theclarifications of the Work Committee Chairman after thorough studyand deep consideration. He said he hoped the points would be givendue attention.[State service personnel delegates]Col. Aung San

Col. Aung San of State service personnel delegates groupsubmitted a proposal paper compiled by the group on the chapter TheJudiciary.

He said the following should be laid down as detailedprinciples to serve as bases concerning the distribution of judicialpower of the State:

-- The judicial power of the State is distributed(a) in accordance with the Constitution or by other

laws among Pyidaungsu Taya Hluttawgyoke (Supreme Court of the Union),region Taya Hluttaws (High Courts of the States, courts of the self-administered divisions, courts of the self-administered zones,district courts, township courts, other courts constituted by law andjudges appointed in accordance with law;

(b) in accordance with the Constitution or by otherlaws, among courts-martial, and

(c) in accordance with the Constitution, to theConstitutional Tribunal.

Regarding the appointment of Pyidaungsu Taya Thugyigyoke (ChiefJustice of the Union), he said the President of the State, the headof State, should appoint the Chief Justice with the approval of thelegislative body Pyidaungsu Hluttaw (Union Hluttaw). It should beprovided in the Constitution when the Union Hluttaw may reject any ofthe persons in a list nominated by the President of the State andthis conveys the manner of reciprocal check, control and balancebetween the President and the Hluttaw, the legislative body.

Similarly, he said, the President of the State should compile alist of names in consultation with the Chief Justice of the Union andappoint Pyidaungsu Taya Thugyimyar (Judges of the Supreme Court) withthe approval of the Union Hluttaw. It should be provided in theConstitution when the Union Hluttaw may reject nominees of thePresident of the State.

Regarding appointment of the Chief Justice of the Union andJudges of the Supreme Court, their qualifications should beprescribed, he said. The person to be appointed to the post at thehighest court of the State must have qualifications such as loyaltyto the State, adherence to the laws in accordance with theConstitution, having experience in judicial duties, having personalintegrity and being within the age limit and having other qualitiesto be able to carry out his tasks dutifully.

Judges must not only be a test stone [sic] in terms of loyaltyto the State they must also be persons born of parents both of whomare nationals, he noted and said that except for age limit, they mustpossess qualifications prescribed for Pyithu Hluttaw representatives,being free of party politics and must not be Hluttaw representatives.

He said the National Convention Convening Work CommitteeChairman had thoroughly dealt with qualifications of Chief Justice ofthe Union and Judges of the Supreme Court and expressed support tothe point '...have been an advocate of the Taya Hluttaw (High Court)of at least 20 years' standing'. In prescribing so, posts and periodof discharging judicial duties should also be included.

Military servicemen serving in the posts discharging judicialduties in the Tatmadaw and civil personnel serving in the posts inthe judicial organizations are found to be of same nature of work,and similar provision is also found in Section 142 Sub-section 3 ofthe 1947 Constitution, he said. He proposed that in prescribing as aqualification '...have been an advocate of the Taya Hluttaw (HighCourt) of at least 20 years' standing' for the Chief Justice of theUnion and Judges of the Supreme Court, periods in which he hasdischarged judicial duties should be included.[75 age limit instead of 70]

He said the proposed age limits for the Chief Justice of theUnion and Judges of the Supreme Court are found to be 50 years forthe youngest age and 70 years for the oldest age and proposed themaximum age be prescribed as 75, citing a reason that the ChiefJustice and Judges of the High Court of the region or state, notyounger than 45 years and not older than 65 years, who will have hadexperiences in the post, will have only scant opportunity to be ableto go on to discharge duties as the Chief Justice of the Union orJudges of the Supreme Court.

So, he suggested, it should be provided in para (a) ofprescribing qualifas to be able to protect fundamental rights andprivileges of the citizens, he commented.

He proposed that Union Government or region or stategovernments be formed as follows:

1. Union Government is to be formed with--(a) President of the State(b) Vice-Presidents(c) Union Ministers;

2. Region or state government is to be formed with--(a) region or state Chief Minister(b) region or state Ministers

If a review is made of a fundamental principle as 'thePresident of the State shall possess specific qualifications requiredof the President in addition to qualifications required to stand forelection to the Hluttaw' will reveal qualifications of a Hluttawrepresentative, he said.[Ministers from each region or state]

So, he said, priority should be given in appointing UnionMinisters to selecting from among the Hluttaw representatives and aUnion Minister is to be appointed from each of the regions andstates. The Ministerial position above that is also to be selected

from among Hluttaw representatives and Union Minister should beselected from among prestigious persons of intellectuals andintelligentsia and State service personnel, if they possessqualifications prescribed for Hluttaw representatives.[Self-administered areas]

He quoted Work Committee Chairman's address on 2-9-94 as sayingthat to be able to appoint chairman of the self-administered divisionor self-administered zone leading body, a suitable person should beselected from among Hluttaw representatives after coordinationbetween members of the respective leading body. If the right toselect respective head independently of their own will is given tomembers of the self-administered areas, region or state ChiefMinister should also be selected and appointed according to commondesire after coordination between representatives of the respectiveregion or state Hluttaw, he said, adding it would not only beconformity with democratic practices but also be appropriate if thePresident is to appoint the person selected as region or state ChiefMinister and this will contribute to flourishing of multi-partydemocracy system.[Region/State governments]

Regarding appointment and assignment of duties to region orstate Chief Minister as explained by the National ConventionConvening Work Committee Chairman, he said, paras 5, 6 and 7 shouldbe amended and substituted as follows:

1. Paragraph 5 should be amended as --'To appoint Region or State Chief Minister, the President

of the State shall obtain from respective Region or State Hluttaw thename of a suitable Hluttaw representative-elect who possessprescribed qualifications'.

2. Paragraph 6 should be amended as --'The President of the State shall appoint the Hluttaw

representative selected and sent from the respective Region or StateHluttaw and approved by himself as respective Region or State ChiefMinister.

3. Paragraph 7 should be amended as --'The President shall have no authority to revoke Hluttaw

representative selected and sent from the respective Region or Statefor appointing Chief Minister of the region or state unless he canclearly prove want of qualifications prescribed for the Region orState Chief Minister.U Aung Thein

U Aung Thein, Hluttaw representative-elect of YwanganConstituency, Shan State, submitted the remaining part of theproposal paper.

He said Head of State is the President of the State and as heis the Head of State, Union Ministers, Deputy Ministers, region orstate Chief Minister and Minister are directly or indirectlyresponsible to him.[President should have right to fire Tatmadaw Ministers]

Similarly, assigning of Tatmadaw servicemen as Union Ministersand Deputy Ministers, prescribing ministries for them and terminatingthem from duty should be carried out as in the ways for other UnionMinisters and Deputy Ministers, he said, adding Tatmadaw servicemenassigned duties as region Ministers or state Ministers should also bethe same as other Ministers. If such matters are to be carried outafter coordination with the Commander-in-Chief of Defence Services,it would not be reasonable and it can be a separate independent armedorganization not related to the President of the State and theMinistry of Defence, he commented and remarked that decision of theUnion Government and regional governments must be of prime importanceif it is in accordance with genuine democracy means.

So, regarding appointment of Tatmadaw servicemen as UnionMinisters and Deputy Ministers and Region or State Ministers, hesuggested that the phrase 'after coordination with the Commander-in-Chief of Defence Services' should not be included in writing theConstitution.

[Self-administered areas]Regarding formation of self-administered division or self-

administered zone leading body, he also suggested that the followingbe laid down as principles to serve as bases instead of Para 4 and 8,as explained by the Work Committee Chairman:

1. to designate constituencies based on areas of nationalraces and sub-races;

2. in designating constituencies so, if the total number ofRegion or State Hluttaw representatives elected from townships in therespective self-administered division or self-administered zone andrepresentatives of national races is less than 10, moreconstituencies based on population are to be added till the totalnumber is 10;

3. to form self-administered division or self-administeredzone leading body with representatives of the constituencies, Regionor State Hluttaw representatives elected from townships and Tatmadawservicemen Hluttaw representatives.[Local government]

Regarding district and township administration, he said thefollowing should be laid down as fundamental principles:

1. to form district administrative body at district leveland township administrative body at township level with people'srepresentatives elected from respective constituencies andadministrative duty is to be assigned to them;

2. to distribute executive power to these bodies asstipulated by the Constitution;

3. to prescribe the number of members of the bodies andtheir responsibilities, rights and privileges by enactment ofseparate law.

He said their discussions were based on some points of theNational Convention Convening Commission Chairman's explanation, ofwhich they had different opinions, and on a belief that aConstitution would emerge as best for the State.

He said they would be happy if their proposals would contributeto marching on a genuine democracy path.U Tuang Kho Thang

U Tuang Kho Thang, an independent representative-elect for TamuTownship Constituency, Sagaing Division, of representatives-electdelegates group submitted his proposal paper on the chapter "TheExecutive".

He said the government and its members would have to be formedwith only those elected by the people, the Attorney-General and theAdvocate-General should not include in the governments concerned.

So, governments should be formed as follows:(a) Pyidaungsu government should be formed with

(1) The President of the State,(2) Vice-Presidents,(3) Pyidaungsu Ministers,

(b) State government should be formed with(a) region or state Chief Minister,(b) region or state Ministers.

[Ministers should not have to resign Hluttaw seats]He said that in connection with appointing Ministers in the

Pyidaungsu Government, the President shall(1) choose suitable Pyidaungsu Hluttaw representatives having

prescribed qualifications from among the Pyithu Hluttawrepresentatives or Amyotha Hluttaw representatives. In so doingpriority should be given to electing one native Pyidaungsu Hluttawrepresentative from each region and state,

(2) give priority to Tatmadaw servicemen representatives outof Pyidaungsu Hluttaw representatives elected by the people inchoosing the Minister for Defence and the Minister for BorderAffairs. The Tatmadaw servicemen representatives thus assigned dutiesshall be deemed to have resigned from the Tatmadaw once they havebeen elected as Hluttaw representatives.

The Work Committee Chairman clarified that if the President ofthe State, Pyidaungsu Ministers, the Attorney-General and DeputyAttorney-General happened to be Hluttaw representatives they wouldhave to resign from being representatives of the respective Hluttaws.

It is understood their having to resign was for separation oflegislature and the executive so that administrative duties could becarried out more dutifully.

Though it is easy to substitute a non-Hluttaw representative orcivil servant with a civil servant, it would not be easy to replacetional Convention continued, with 515 of 590 delegates present.Proposal papers on the Judiciary were presented by the Other InvitedPersons delegates group, and by several parties in the Politicalparties delegates group.[Other Invited Persons delegates group]

Dr. Maung Maung Sein, Medical Superintendent of the PsychiatricHospital (Retd), delegate of the other invited person delegatesgroup, submitted the group's proposal on the chapter "The Judiciary".

He said the group had noted specific points contained in theaddress of the National Convention Convening Commission Chairmandelivered on 2 September 1994 stressing the need to make relevantchanges in social, administrative and other fields from the base inconformity with political and economic changes taking place in thecountry, and that a new constitution is essential. The groupdiscussed and coordinated points in connection with the formation ofthe chapter "The Judiciary" from 18 October 1994 to 20 January 1995after a thorough study of the clarifications of the Work CommitteeChairman.

He said delegates of the group compiled papers of their own inearnest numbering 20 and discussed them. All believed basicprinciples suggested in this collectively compiled proposal paperwould be essential one for the formation of the chapter "TheJudiciary".

Emphasizing the importance of the Judiciary in nation-buildingprocess, he said the nation would be strong if the judiciary isfirmly based. Every citizen, regardless of their race or religion,should be equal before the law. The judiciary pillar would have to doits best to provide justice for every citizen, he said.

He added that the judiciary pillar should be dependable forprogress and life security of every citizen. Hence, the judiciary inthe constitution of the State should be formed in most specificterms, he said.

He then suggested the following in connection with distributionof judicial powers.

-- judicial powers of the State shall be distributed asfollows:

(a) Supreme Court of the Union,High Courts of the Regions,High Courts of the States,Courts of the Self-Administered Divisions,Courts of the Self-Administered Zones,District Courts,Township Courts,courts established according to law and judges

appointed according to law, under provisions of the StateConstitution or other laws,

(b) Courts-martial under provisions of the State Constitutionor other laws,

(c) Constitutional Tribunal under the provisions of the StateConstitution

He said courts at different levels should be set up. Basicprinciples on the Supreme Court, status of that court, appointment ofjudges and the terms to be called and the number to be appointedshould be laid down.

The invited person delegates group agreed that the SupremeCourt of the Union should be called "Pyidaungsu Taya Hluttaw-chok",

the chief of the Supreme Court "Chief Justice of the Pyidaungsu(Union)", and judges of the Supreme Court "Pyidaungsu (Union)judges".

Considering the status of Supreme Court of the Union, judicialpowers to be vested, duties, rights and volume of work, the number ofUnion judges including the Chief Justice should be a minimum of sevenand a maximum of eleven.

Regarding qualifications to be prescribed for the appointmentof the Chief Justice and judges of the Union, basic principles shouldbe laid down on age limits, allegiance to the State, good characterand conduct, rights and responsibilities, citizenship, to be born ofparents both of whom are citizens, possessing qualificationsprescribed for Pyithu Hluttaw representatives, rich experience,ability to exercise the three powers -- the legislative, theexecutive and the judiciary separately, ability to exercisereciprocal control of the powers, free from party politics, being nota Hluttaw member and so forth.

He also suggested that when there arises a situation in whichthe Chief Justice of the Union or the judges of the Union should notbe allowed to continue their service it should be included in theconstitution vesting powers in the President of the State orPyidaungsu Hluttaw what procedures are to be followed. He thensuggested thus in connection with vesting powers in the President.[Ouster and departure of Judges]-- If the Chief Justice of the Supreme Court of the Union or ajudge of the Union infringes any of the undermentioned points, thenthe President of the State has the right to order that person toresign and to remove him from office if he fails to comply with theorder--

(a) treason(b) violation of the provisions of the Constitution,(c) misconduct, (d) being disqualified for the post of the Chief Justice of

the Union or judge of the Union as prescribed in the Constitution.With the exception of the President's ordering to resign and

removing from the post, the Chief Justice of the Union and Judges ofthe Union shall have the right to serve till they are fully 70 yearsof age if there does not arise any of the following reasons such asvoluntary resignation, termination of service after impeachment,becoming unfit to continue service for permanent disability due tophysical or mental impairment as certified by a medical boardprescribed by the State, death or for any other reason.

He then suggested specific laws should be promulgated toprescribe the status, responsibilities, rights and privileges of theChief Justice of the Union and Judges of the Union and to prescribethe status of the Chief Justice of the Union to be the same status asthe Vice-President, that of the judges of the Union to be the samestatus as Union Ministers.

Regarding formation of Region and State Hluttaws, the Unionwould be constituted with seven Regions and seven States plus Unionterritories, he said. Regions and States are equal in status. In theadministration of justice, he said, basic principles have been laiddown that there would be one High Court of the Region in each regionand one High Court of the State in each state. It is appropriate andit should be laid down in the administration of justice.

He also suggested the heads of the respective Region and StateHigh Courts should be called "Chief Justice of the High Court of theRegion" or "Chief Justice of the High Court of the State:; judges ofthose High Courts should be called "judges of the Region" or "judgesof the State". The required number of judges should be appointed andassigned duties in the respective High Courts considering thejudicial powers, responsibilities and rights as well as the volume ofwork. Hence, there should be a minimum number of three and a maximumnumber of seven judges including the Chief Justice at the High Courtsof the Region and the State.U Dabang Nokle

U Dabang Nokle of other invited delegates group submitted theremaining part of the proposal paper.[Region/State courts]

In connection with the qualifications of the Chief Justice andJudges of High Courts of regions or states, he said, the followingshould be laid down as detailed principles to serve as bases:

-- The Chief Justice and Judges of High Courts of regions orstates must have the following qualifications:

(a) they should not be younger than 45 years of age andnot older than 65 years of age;

(b) with the exception of age limit, they must have thequalifications prescribed for region or state Hluttawrepresentatives;

(c) (1) if they are judicial officers or law officers,they should hold the post not lower than that of region or statelevel for at least five years or not lower than that of districtlevel for at least 10 years; or

(2) if they are advocates they should havenot less than 15 years' service; or

(3) those regarded by the President of theState as well-known legal experts of good reputation;

(d) those who are loyal the State and the citizens;(e) they shall not be political party members;(f) they shall not be Hluttaw representatives.

[Termination of judges]He said there may arise a situation in which the Chief Justice

or Judges of the High Court of region or state should not continue tohold the post. In such a situation it is necessary to prescribeexplicitly in the Constitution what steps should be taken either bythe President or by the respective region or state Hluttaw. In thebasic principles laid down in the chapter on the State at theprevious Plenary Session, it is stated 'the Head of State is thePresident of the State,' and 'the President of the State representsthe Union". In accordance with this principle as the President is theHead of State and also represents the Union, basic principles shouldbe laid down giving the right to the President to order the ChiefJustice or Judges of High Courts of region or state he himself hasnominated in consultation with the Chief Justice of the Union andChief Minister of the region or state concerned and then appointedand assigned duties with the approval of region or state Hluttawconcerned, to resign for what kinds of reasons and the right to orderthem to be removed from office.

He said rights should be given to region or state Hluttaws, forusing the method of impeaching the Chief Justice or Judges of HighCourts of region or state and removing them from office. Inconnection with the method of impeaching by region or state Hluttaw,there is only one Hluttaw at region or state level and a writtenproposal signed by at least one-fourth of the total membership ofHluttaw of region or state shall be submitted to the chairman of theHluttaw concerned. The chairman of the Hluttaw concerned shall causethe charge to be investigated by forming a commission. The chairmanof the Hluttaw is to report to the region or state Hluttaw on theresults of the investigation submitted to him by the investigationcommittee. If it is found that the charge is correct and that theChief Justice or Judge of High Court of region or state is not fit tocontinue in office, then it is to be supported by not less than twothirds of the total membership of the Hluttaw of the region or stateand the chairman of the Hluttaw is to submit the matter to thePresident who shall then order removal of that person from office.[Terms of office]

He said it will be necessary to prescribe the normal term ofoffice of the Chief Justice and Judges of the High Court of theregion or state, except in cases in which the President of the Stateorders resignation or termination of service of any of them. Like theChief Justice of the Union and Judges of the Supreme Court, theyshould have the right to serve up to the age of 65 years, except in

cases of voluntary resignation, termination of service afterimpeachment, becoming unfit to continue service for permanentdisability due to impairment of physical or mental health ascertified by the medical board prescribed by the State or for someother reason, or in the case of one passing away.[Conflicts of interest]

In connection with the need for the Chief Justice and Judges ofthe High Court of the region or state to be free of party politicsand to retire from civil service, it should be laid down, as detailedprinciples to serve as bases:

1. The Chief Justice and Judges of the High Court of theregion or state shall be free of party politics;

2. The Chief Justice and Judges of the High Court of theregion or state, if they happen to be civil servants, shall beconsidered as having retired from the civil service from the datethey are appointed as Chief Justice or Judge of the High Court of theregion or state.[Local courts]

He said only two levels of courts should be formed under theHigh Court of the region or state -- the self-administered divisioncourt if there is a self-administered division in the region orstate, and township court; or self-administered zone court if thereis a self-administered zone in the region or state, and townshipcourt; in areas other than self-administered division or zone, thereshould only be district court and township court. In Unionterritories, if necessary, there may be districts and townships. So,district courts and township courts are to be formed in Unionterritories.

He said there may be other courts, separately set up by law,under the region or state High Court. For instance, there areseparately formed courts such as juvenile courts and there should besuch other courts as those set up by law under the High Court of theregion or state.

He said the other invited delegates group has submittedaltogether 20 papers on 11 occasions, from 17-10-94 to 20-1-95, andput forward thorough discussions and expressed belief that theproposals would contribute to the respective chapter in the StateConstitution to be written.Union Pa-O National Organization

U Khun Sein Win of Union Pa-O National Organization said itshould be laid down as principles that the Supreme Court of the Unionis the highest court of law of the State; the head of the SupremeCourt of the Union shall be called Chief Justice of the Union; in theSupreme Court of the Union, there may be appointed a minimum of sevenand a maximum of eleven judges of the Supreme Court, inclusive of theChief Justice of the Union; the person nominated by the President ofthe State and approved by the Pyidaungsu Hluttaw shall have no rightto turn down the nomination for the Chief Justice and judges of theUnion presented by the President of the State, unless it has clearproof of any wanting in qualifications prescribed in theConstitution.

He said it should be laid down as principles that the ChiefJustice of the Union and judges of the Supreme Court shall have thefollowing qualifications: they shall not be younger than 50 and notolder than 70 years of age; they shall have qualifications requiredpf Pyithu Hluttaw members, except that for stipulation of age; theyshall have served at least five years as judges of the High Court ofthe Region or State (or) if they are judicial or law servicepersonnel, they must have served at least ten years at a post notlower than Region or State level (or) they must have been handlingcases at least 20 years as an advocate (or) persons deemed by thePresident of the State as law experts of high reputation; they mustbe loyal to the State and the citizenry; they must not be members ofany political party; they must not be members of Hluttaw.

In each Region or State there should be a high court of Region

or State; its head should be called chief justice of the high courtof Region or State; there should be at least three judges includingthe chief justice of the high court.

They should be allowed to serve till they are fully 65 yearsold, except in cases of resignation, termination of duties, becomingunfit to continue serving in their posts due to ill health, or death;they must be free of party politics and, if they are in civilservice, they shall be deemed to have resigned from service from thedate of their appointment as chief justice or judges.

Chief justice of the high court of Region or State should be ofthe status of Union minister and judges of the high court of Regionor State should be that of Union deputy minister; their duties,rights and privileges should be prescribed by law.

For judges other than the Chief Justice of the Union, judges ofthe Supreme Court, chief justice of the high court of Region orState, judges of the high court of Region or State, appointment,jurisdiction, duties, rights and privileges should be prescribed inaccord with law.

For the Supreme Court of the Union, the high court of Region orState and other courts, formation of service personnel organizationsand prescribing of duties, rights and privileges should be in accordwith law.Shan State Kokang Democratic Party

U Anthony Su (a) U La Yaung of Shan State Kokang DemocraticParty said his party would propose the following principles:

1. Judicial powers of the State are distributed as follows:(a) by the Constitution or by other law, to the Supreme

Court of the Union, High Courts of the Region, High Courts of theState, Courts of self-administered division, courts of self-administered zone, district courts, township courts and other courtsestablished by law, and judges appointed in accord with law;

(b) by the Constitution or by other law, to the courts-martial;

(c) by the Constitution, to the ConstitutionalTribunal.

Detailed principles should be laid down also as follows:2. There is established a Supreme Court of the Union;

without infringing upon the powers of the Constitution Tribunal, theSupreme Court of the Union is the highest court of the State, thecourt of final appeal of all courts and courts-martial in thecountry.

3. The Supreme Court of the Republic of the Union of Myanmarshall have powers to issue the five writs;

4. There shall be a high court of the State for each Stateand a high court of the Region for each Region;

5. The head of the Supreme Court of the Union shall becalled Chief Justice of the Union and its members shall be calledjudges of the Supreme Court of the Union; in the Supreme Court of theUnion, there may be appointed up to seven members thereof;

6. Three qualified persons shall be nominated by thePresident of the State in consultation with the Prime Minister of theUnion and the one who gets the highest number of votes of thePyidaungsu Hluttaw shall be appointed Chief Justice of the Union bythe President of the State;

7. Persons nominated by the Prime Minister of the Union inconsultation with the Chief Justice of the Union, and approved byPyidaungsu Hluttaw may be appointed judges of the Supreme Court bythe President of the State;

8. The Chief Justice of the Union and judges of the SupremeCourt shall have the following qualifications:

(a) they shall be not younger than 50 years and notolder than 70 years of age;

(b) they shall have qualifications required of PyithuHluttaw members, except that for stipulation of age;

(c) they shall have served at least five years as

judges of the High Court of the Region or State (or) if they arejudicial or law personnel, they must have served at least ten yearsat a post not lower than Region or State level (or) they must havebeen handling cases at least 15 years as an advocate;

(d) they must be loyal to the State and the citizenry;(e) if they are members of any political party, they

must not take part in party political activities during their term ofoffice;

(f) if they are members of Hluttaw, they must resigntherefrom, from the date they take up duties of office.

All courts and judges in the Republic of the Union of Myanmarappointed by the Constitution or by law shall strictly abide only bythe Constitution and laws; they shall undertake administration ofjustice and perform their duties independently.

The Supreme Court of the Union shall be responsible to thePyidaungsu Hluttaw.

The chief justice of the Union shall be responsible toPyidaungsu Hluttaw.

State or Region high court and self-administered area courtsshall be responsible to the Hluttaw concerned; in linkage of workthey shall also be responsible to the Supreme Court of the Union; inline of communication, they also need to accept administration of theministry of judicial affairs.

Chief justice of State or Region high court shall beresponsible to the Hluttaw concerned; in linkage of work, it [sic]shall also be responsible to the Chief Justice of the Union.

Judges of the State or Region high court shall be responsibleto the chief justice concerned. (NLM 12/19)

Dec. 19: The Plenary Session of the National Conventioncontinued, with 507 of 590 delegates present. Proposal papers on theJudiciary were read by delegates from the political parties delegatesgroup and from the representatives-elect delegates group [fulltexts]:[Mro (or) Khami National Solidarity Organization]

U Maung Kyaw Oo of Mro (or) Khami National SolidarityOrganization said it was suitable to lay down the followingprinciples:

Judicial powers of the State are distributed as follows:(a) by the Constitution or other law, to the Supreme Court of

the Union, High Courts of the Region, High Courts of the State,Courts of self-administered division, courts of self-administeredzone, district courts, township courts and other courts establishedby law, and judges appointed in accord with law;

(b) by the Constitution or by other law, to the courts-martial;

(c) by the Constitution, to the Constitutional Tribunal.He recalled that the Chairman of the Work Committee proposed

the following detailed principles:1. There shall be established a Supreme Court of the Union;

without infringing upon the powers of the Constitutional Tribunal andthe courts-martial, the Supreme Court of the Union is the highestcourt of law of the State.

2. (a) The head of the Supreme Court of the Union shall becalled Chief Justice of the Union;

(b) In the Supreme Court of the Union, there may beappointed a minimum of seven and a maximum of eleven judges of theSupreme Court, including the Chief Justice of the Union.

3. (a) The person nominated by the President of the Stateand approved by the Pyidaungsu Hluttaw shall be appointed ChiefJustice of the Union by the President of the State;

(b) The Pyidaungsu Hluttaw shall have no right to turndown the nomination for the Chief Justice of the Union presented bythe President of the State, unless it has clear proof of any wantingin qualifications prescribed by the Constitution.

4. (a) Persons nominated by the President of the State inconsultation with the Chief Justice of the Union, and approved by thePyidaungsu Hluttaw shall be appointed judges of the Supreme Court bythe President of the State;

(b) The Pyidaungsu Hluttaw shall have no right to turndown the nomination for the judges of the Supreme Court presented bythe President of the State, unless it has clear proof of any wantingin qualifications prescribed by the Constitution.

He said Hluttaw should be one practising genuine democracyrepresenting the people; giving powers only to an individual istantamount to going against genuine democracy and it could upsetadministration of justice as it overrides the principle ofindependent administration of justice according to the laws of theState.

So the choosing of persons to serve as the Chief Justice of theUnion and judges of the Supreme Court of the Union should be doneonly by the Pyidaungsu Hluttaw representing the people.

In conclusion he said he had presented his organization'sproposals, openly and honestly for the good of the country in accordwith the National Convention's objectives of non-disintegration ofthe Union, non-disintegration of solidarity and perpetuation ofsovereignty, and that there are no other discussions on the remainingpoints.[Lahu National Development Party]U Kya Har Shel

U Kya Har Shel of Lahu National Development Party said he tookHluttaw to mean a place of congregation of elected people'srepresentatives; Pyidaungsu taya hluttaw chok and Region or Statetaya Hluttaw are not ones like that; there could be confusion withelected Hluttaws; so they should be called Pyidaungsu taya yonchokand Region or State taya yonchok.

For appointment of judges of the Supreme Court of the Union,the Prime Minister of the Union in consultation with the ChiefJustice of the Union should prepare a nomination and present it tothe President of the State who should, with the approval of thePyidaungsu Hluttaw, appoint the nominees as judges of the SupremeCourt.[Legal "experts" should be barred]

In prescribing qualifications for the posts of the chiefjustice of the Union and judges of the Supreme Court, there isincluded one qualification which says they must be persons deemed bythe President of the State to be legal experts of high reputation; hewondered how it could be measured; he said if one person were to bejudged legal expert on the strength of the opinion of the Presidentof the State alone; it could reflect on the integrity of thePresident and it could also cause undesirable doubts and contentions;moreover one who is well versed in law but has not judicialexperience should not be given such duties; so the said qualificationshould not be included.

Administration of justice is to decide righteously for thepeople; it needs to protect the rights of the people without bias;only with righteous administration of justice will the people be ableto enjoy peace of mind and security in mind and body; law courts needto be free of unfairness due to four causes of injustice;administration of justice needs to be independent according to law;otherwise there could be no justice; if someone meddles, givesinstructions or exerts pressure in administration of justice, itcould not be carried out independently according to law; a basicprinciple should be laid down that the Supreme Court, and all courtsand judges in the country are to abide only by the Constitution andthe laws of the country and must be able to carry out administrationof justice independently according to law; only then would emerge ajudiciary that has maturity and the confidence of the people.Union Kayin League

Mahn Tin Maung (a) Mahn Myo Nyunt of the Union Kayin Leaguesaid at courts such as the Supreme Court of the Union and High Courtsof the Region and State, each court should be set up with a minimumthree to maximum qualified judges. Detailed basic principles shouldbe laid down.

At the Courts of the Self-administered Divisions/Zones andDistrict/Township Courts, a qualified judge should hear cases and adetailed principle should be laid down.[Legal "expertise" insufficient]

He suggested not to lay down a stipulation stating "thoseregarded by the President as well-known legal experts for [sic] goodreputation" as a basic principle. Because, he said, the term "well-known and good reputation" carries broad meaning and there couldrequire reasons.

A legal expert should have personally handled many cases frombeginning to end to become a judge. Handling cases is different fromstudying law. The efficiency could be acquired only by handling manycases from beginning to end.

Hence, a legal expert should have rich experience as a judicialofficer, lawyer or law officer. He should be efficient in hisprofession, rich in experience and of good reputation.

So, the basic principle "those regarded by the President aswell-known legal experts for good reputation" should not be laiddown.

He said, in the new multi-party democratic State, qualified andexperienced persons should take part in the legislative, executiveand judicial matters. Objectives of the National Convention are to befollowed.

Hence, the following qualifications required for the ChiefJustices and judges should not [sic ???] be laid down as basicprinciples. They are:

-- persons who are not political party members,-- are not Hluttaw representatives,-- the Chief Justice of the Union or Union judges shall be

free from party politics,-- Chief Justices and judges of Regions or States shall be

free from party politics.He said the Union Kayin League would like to propose that

though judges to be appointed and assigned duties are civil servants,they will have to personally handle cases and as such they shouldpossess qualifications of a judge. They are to provide leadership inthe administration of justice and to exercise judicial powersindependently according to law.

Hence, they should be loyal to the State, uphold the laws inaccord with the Constitution, experienced in legal matters, of goodcharacter, able to exercise judicial powers and rights, citizensthemselves and born of parents both of whom are also citizens.

Moreover, they should be mature persons. They should possessrequired experience in legal and judicial affairs so that they willbe able to pass correct decisions. To be able to discharge dutiesboldly and with dignity they should possess qualities for it. Thenonly will they be respected and trusted by the people and feared bylaw breakers.

Hence, apart from the Supreme Court of the Union and Region andState High Courts, judges to be appointed and assigned duties ascivil servants are to be vested with powers only if they meet thequalifications for judges.

He said additional points would be submitted in connection withprescribing rights and responsibilities of judges at lower courtsunder the Region or State High Courts and promulgation of specificlaw.

Those judges are the most responsible persons to uphold thejudicial pillar and they should not misuse powers vested in them forself-interest. Since they have to discharge duties in different areasthere should be security for their safety.

Service personnel may involve in practices of bribery and

corruption and irregularities unless their salaries are sufficient.This should be taken into consideration.

Relevant laws should be promulgated to enable office staff atvarious levels to enjoy sufficient salary.[Arbitration for Kayins]

He noted there could arise disputes and problems sometimesamong the people and among the Kayin nationals. They would includecognizable offences, those which could be settled or otherwise andmajor or minor offences. Such cases could be settled by respectablearbitrators. This has been so in their way of life and there had beenno grudge or spite. He said Kayin nationals would like to enjoypeaceful life and they uphold the traditions and customs as law.

Hence, settlement of cases by arbitrators according to thewishes of both sides should be accepted as final in order to bringdown the number of cases. This should be laid down as a basicprinciple, he said.

He added a basic principle should also be laid down to call theplace of arbitration as "Taya-yay Khon-yon" (arbitration office).

A basic principle should also be laid down permitting to form aKayin affairs arbitration with more than one arbitrators. However, hesaid, a Kayin affairs arbitration will not have the right to settlecases concerned with national security and cases of great importance.

He said discussions on and additions to the formation of thechapter "The Judiciary" were presented to ensure justice inadministrative, social and judicial aspects in building a new nation.Kokang Democracy and Unity Party

U Khin Maung Aye, National Convention delegate of KokangDemocracy and Unity Party, submitted a proposal paper on fundamentalprinciples to form as bases in the chapter the Judiciary.

He said he would succinctly put forward views and opinions ofthe party on clarifications of the National Convention Convening WorkCommittee Chairman.

He spoke of the law, which is for all, regardless of poverty orrichness, race, religion or status and said every law enacted isdirected toward welfare and justice of the citizenry, adding laws arepromulgated to protect citizens.

So, he said, every citizen must respect and abide by law whichbrings about justice in the people's essential needs such as food,clothing and shelter and social affairs.

It is essential for every person, regardless of race orreligion and poverty or richness, to be equal before the law, henoted and said punishment must be meted out to culprits andprotection must be given to the innocent.

He stressed the need for judicial personnel to adhere to law intheir service and to be upright, disciplined and loyal to the State.

As the fundamental principle has been laid down for exercisingthe three powers -- the legislative, executive and judiciary -- in asystem of reciprocal check, control and balance, rules to be followedby judges must be prescribed, he said.

He said judicial personnel must be right, swift and upright andadhere to law for emergence of a judicial system in which people haverespect and faith and there should be reciprocal check and controlamong themselves to prevent bribery as in the saying 'the person whobribes more wins the case'.

He stressed the need for the people to understand law and saidonly then will they adhere to it, adding there are many nationals onhill areas who, for difficulty of access, are lacking in educationand do not understand laws.

He also stressed the need for educating the people, who areafraid of courts and judicial personnel, that law is the light forthe innocent.

He spoke of his party's belief that respective customary lawsaccepted region-wise by Union national races be framed within the lawfor administration of justice.

Wa National Development PartyU Nyi Paloke, National Convention delegate of Wa National

Development Party, submitted a proposal paper on fundamentalprinciples to form as bases in the chapter the Judiciary.

He expressed support to the fundamental principle to distributelegislative [sic] powers of the State to civil courts, as explainedby the National Convention Convening Work Committee Chairman in hisaddress to the Plenary Session on 2-9-94, and Constitutional Tribunaland said distribution of judicial powers is concerned with the entireUnion.

He reiterated the Work Committee Chairman's proposal that thecourt which supervises various levels of civil courts should becalled Pyidaungsu Hluttawgyoke. He spoke of the word 'Hluttaw' whichmay be confused with Pyithu Hluttaw, elected by the Multi-partyDemocracy General Election under the Pyithu Hluttaw Election Law, andso he suggested the terms -- 'Pyidaungsu Taya Yongyoke' (SupremeCourt of the Union) for the highest level, region Taya Yongyoke (HighCourts of the Regions) and state Taya Yongyoke (High Courts of theStates).

He suggested formation of district courts and ward/village-tract courts under the self-administered division court.

Summing up, he suggested the following to form as bases in thechapter the Judiciary:

1. The Supreme Court of the Union, the Chief Justice of theUnion and Judges of the Supreme Court shall be formed and appointedwith suitable persons in appropriate numbers.

2. The President of the State shall appoint, in consultationwith the Prime Minister of the nomination list, the Chief Justice ofthe Union and Judges of the Supreme Court after obtaining approval ofthe Union Hluttaw.

3. Qualifications of the Chief Justice of the Union andJudges of the Supreme Court shall be separately provided.

4. In regions and states, region or state High Courts, ChiefJustices and Judges must be constituted.

5. Self-administered division or zone, district and townshipcourts are to be constituted in the respective division, zone,district and townships:

(a) to appoint judges to respective courts afterprescribing their qualifications;

(b) to enact into law ways of passing decisions underexisting cultural traditions and customs of national races unlessthey are contrary to the Constitution and other laws and do notaffect nationals and national races;

(c) to assign duties and appoint national races leadersand representatives who may be weak in legal affairs but are uprightand respected by many as judges of self-administered division andzone and district courts or other courts constituted by law.

6. Responsibilities, rights and privileges of the ChiefJustice of the Union, Judges of the Supreme Court and judges ofregions, states and self-administered divisions and zones are to beprescribed by enactment of law.

7. The Chief Justice of the Union, of the highest court, andjudges at various levels

(a) shall have the right to resign from post of his ownvolition;

(b) shall be terminated from service when he isimpeached in accordance with the Constitution and if the impeachmentis proved true after due investigation.

8. All judges shall independently administer justice andcarry out functions in accordance with the Constitution and otherlaws.

9. Any or all judges, from the date of appointment, shallquit party functions if he is a political party member, resign frombeing Hluttaw representative if he is a Hluttaw representative andshall retire from post if he is a service personnel or a member of anorganization.

He stressed the need for the judicial system to win people'strust and reliance by administrating justice correctly andexpeditiously and said courts would achieve higher prestige withflourishing judicial system which would bring about peaceful solutionof disputes. Only when the people have trust and reliance on thecourts will they feel pleasant with unity forged and loving kindnessdispensed to the government, he noted. He stressed the need to viewthat judicial power is entrusted by the people to bring about publicinterest and justice. (NLM 12/20)Shan Nationalities League for Democracy

U Sai Aik Poung of the Shan Nationalities League for Democracysaid their party would suggest the following principles to be laiddown as bases:[Original jurisdiction]

1. The Final Court of Appeal shall be the Supreme Court ofthe Union,

2. (a) The Supreme Court of the Union shall have exclusiveoriginal jurisdiction --

(i) in all matters arising under any treaty madeby the Union,

(ii) in all disputes between the Union and a unitor between one unit and another,

(iii) in such other matters, if any, as may bedefined by law.

(b) If the Supreme Court of the Union is satisfied thata case pending in any inferior Court involves or is likely to involvesubstantially a question of the validity of any law having regard tothe provisions of this Constitution, the High Court shall transferthe case to itself for trial.

(c) No law shall be enacted excepting from theappellate jurisdiction of the Supreme Court of the Union cases whichinvolved questions as to the validity of any law having regard to theprovisions of the Constitution.

(d) All the High Courts of the Regions and States shallfunction also as original courts. They shall, subject to law, haveoriginal and appellate jurisdiction and power to determine allmanners and questions whether of law or fact.[Appointment of judges]

In connection with appointment of judges of the Union heproposed the following principles should be laid down:

(1) the President of the State and the Chief Justice of theUnion shall submit the nomination of those they have prepared incoordination having prescribed qualifications to the Supreme Courtfor the appointment of judges of the Union,

(2) The Pyithu Hluttaw Judicial Committee and Lumyosu(Amyotha) Hluttaw Judicial Committee shall hear and debate on mattersconcerning performance, opinions, legal outlook and character of thepersons nominated for the posts of judges of the Union and submittedby the President of the State and Chief Justice of the Union givingsufficient time for the interested persons including those who havebeen nominated, and then decide by secret votes whether they shouldbe recommended or not,

(3) persons recommended by the Judicial Committee shall besubmitted to the Pyidaungsu Hluttaw session for its decisions,

(4) the person shall be appointed judge of the Union with theapproval of more than half of the Pyithu Hluttaw representatives,

(5) unless majority support is obtained in the PyidaungsuHluttaw Judicial Committee for the selection and appointment of theChief Justice of the Union or judges of the Union, or unless majoritysupport is obtained in the Pyidaungsu Hluttaw in spite of themajority support in the Pyidaungsu Judicial Committee, the Presidentof the State and the Chief Justice of the Union shall proceed, withinthe framework of their rights, up to the end for the appointment ofjudge or judges of the Union [sic].

He then proposed the following to be added to and be laid down

as a basic principle in connection with administration of justice."Judges appointed according to this Constitution or according

to law at courts set up according to this Constitution or accordingto law shall administer the judicial affairs throughout the Union.U Sai Nyunt Lwin

U Nyunt Lwin, National Convention delegate of the ShanNationalities League for Democracy, submitted the remaining part ofthe proposal paper compiled by the party on the fundamentalprinciples to be included in the chapter the Judiciary.[Region or State courts]

Judicial field which must be free of sympathy, gratitude andtimidity had been extensively dealt with, he said and noted only thenwould various levels of judges be able to administer justice inaccordance with law. People will not have awe of the independent,frank, bold and serious judges and instead, they will have love,respect and reliance on them and courts.

He suggested methods of electing the Chief Justice of theregion, head of the region High Court, and the Chief Justice of thestate, head of the state High Court. He said the Chief Minister ofthe region or state concerned shall submit the name of a qualifiedperson to the Judicial Committee of the respective region or stateHluttaw; the Judicial Committee shall scrutinize it and obtainapproval of more than half the membership of the respective Hluttaw;the Chief Minister concerned shall submit the name thus approved tothe President of the State who then appoints the person the ChiefJustice of the region or state concerned.

So, he said, regarding methods for electing Chief Justice ofHigh Court of the region or state, the following should be laid downas fundamental principles to serve as bases:

1. the Chief Minister of the region or state concerned shallsubmit a name for appointment of the Chief Justice of the region orstate to the respective region or state Hluttaw;

2. to be able to appoint the person nominated by therespective region or state Chief Minister as the Chief Justice of therespective region or state, the Judicial Committee of the respectiveregion or state Hluttaw shall cause, by allowing time, the person'sactivities, opinions and beliefs, legal viewpoints, morality, etc.,to be scrutinized by the interested people, and discussed by thecommittee and decision must be taken by secret ballot;

3. the name of the person endorsed by the Judicial Committeeshall be submitted to a session of the region or state Hluttaw fordecision;

4. if more than half the membership of the respective regionor state Hluttaw supports him, the Chief Minister of the region orstate concerned shall submit his name to the President of the State;

5. the President of the State shall appoint the personsubmitted by the Chief Minister of the respective region or staterespective [sic] as the Chief Justice of the High Court of the regionor state.

He said our country is still not developed and the people ofstates have not achieved progress and so the Shan NationalitiesLeague for Democracy submitted proposals at its best on the formationof the chapter the Judiciary which should be regarded by the peopleas a place of reliance or a place of allaying their suffering.

He stressed the need for the judiciary to stand independently,free of constraints and influence and for those who administerjustice to be imbued with integrity, uprightness and good moralityand to be bold and serious, and said these conditions must be createdby the Constitution.

He said the Shan State Nationalities League for Democracybelieved that its proposals would fulfil these requirements.National Unity Party

U Tun Yin Law of the National Unity Party said the partysupports the proposed judicial structure of having courts at fourlevels, the Supreme Court of the Union; Region or State high courts;

self-administered division or zone courts and district courts; andtownship courts, as they are in accord with the structure of theState and the needs of the country, and capable of letting the peopleenjoy justice, with rights of appeal.

He also expressed agreement in principle for the following:Judicial powers of the State are distributed as follows:(a) by the Constitution or by other law, to the Supreme Court

of the Union, High Courts of the Region, High Courts of the State,Courts of self-administered division, courts of self-administeredzone, district courts, township courts and other courts establishedby law, and judges appointed in accord with law;

(b) by the Constitution or by other law, to the courts-martial;

(c) by the Constitution, to the co, to the ConstitutionalTribunal.

However he said the clause "judges appointed in accord withlaw" should be deleted from sub-para (a).

The judicial pillar and the basic principle of independentjudiciary would be much strengthened by the provisions in theConstitution and relevant laws on such matters as qualifications ofjudges, delegation of powers, jurisdictions, rights and duties, andterms. So just as it is to be laid down in the Constitution todistribute judicial powers to courts at various levels in thecountry, a detailed principle should be laid down that theprescribing of jurisdictions of courts in the country shall be donein accord with law.[Constitutional Tribunal]

He said it is also proposed that the setup of theconstitutional tribunal should be prescribed in the Constitution.

Persons on the constitutional tribunal should have thefollowing qualifications:

(a) they must not be younger than 50 or older than 70 yearsof age;

(b) they must be experienced in legal, political, economic,military, administrative and social spheres or in one of them;

(c) the must have a reputation of upright morality.So it should be formed with Pyidaungsu Hluttaw members, persons

of mature experience in political, administrative, military, legalfields and learned persons.[Need for multi-judge courts]

Referring to a clause "except for the Chief Justice of theUnion, judges of the Supreme Court, judges of Region or State highcourts" he said it might appear to mean there are two sets ofjudicial organizations; in truth there should only be one.

The single-judge system tends to be vulnerable to bribery andcorruption; at present it is being revived at divisional, districtand township levels and there are such weaknesses as individualsdoing whatever they like, being weak or faulty in getting at thetruth or making judicial appraisals, resulting in inconsistenciesbetween one court and another. So administration of justice should beentrusted to judicial bodies comprising three to five judges at eachself-administered area, district and township court.

He said his party concurred that selection, posting, transfer,promotion, censure of judges on self-administered division, zone,district and township panel of judges should be handled by theSupreme Court of the Union, just as the same for public servicepersonnel is to be done by the Public Service Commission.

Administration of justice needs to be free from unfairness dueto personal bias, animosity, fear or ignorance and in accord with lawso as to ensure justice among the people to protect their rights andredress wrongs; it is also subtle, profound and broad; it involvesnot only the judicial sector but also the legislative and executivesectors as well, and it is also affected by political, economic andsocial conditions in the country and cultural levels; efforts must bemade from all round for an upright judiciary.

[Representatives-elect delegates group]Shan State Kokang Democratic Party

U Yaw Aye Hla was to present the paper on behalf ofrepresentatives-elect from the Party, but as it was the same as thatpresented by the Party delegate from political parties delegatesgroup on Dec. 18, it was submitted without reading.[Mro (or) Khami National Solidarity Organization]U San Tha Aung

U San Tha Aung of Mro (or) Khami National SolidarityOrganization, delegate from Kyauktaw Township, Rakhine State, said

Judicial powers of the State are distributed as follows:(a) by the Constitution or by other law, to the Supreme Court

of the Union, High Courts of the Region, High Courts of the State,Courts of self-administered division, courts of self-administeredzone, district courts, township courts and other courts establishedby law, and judges appointed in accord with law;

(b) by the Constitution or by other law, to the courts-martial;

(c) by the Constitution, to the Constitutional Tribunal.[Pyidaungsu Hluttaw should choose judges]

He recalled that the Chairman of the Work Committee proposedthe following detailed principles:

1. There shall be established a Supreme Court of the Union;without infringing upon the powers of the Constitutional Tribunal andthe courts-martial, the Supreme Court of the Union is the highestcourt of law of the State.

2. (a) The head of the Supreme Court of the Union shall becalled Chief Justice of the Union.

(b) In the Supreme Court of the Union, there may beappointed a minimum of seven and a maximum of eleven judges of theSupreme Court, inclusive of the Chief Justice of the Union.

3. (a) The person nominated by the President of the Stateand approved by the Pyidaungsu Hluttaw shall be appointed ChiefJustice of the Union by the President of the State;

(b) the Pyidaungsu Hluttaw shall have no right to turndown the nomination for the Chief Justice of the Union presented bythe President of the State, unless it has clear proof of any wantingin qualifications prescribed by the Constitution.

4. (a) Persons nominated by the President of the State inconsultation with the Chief Justice of the Union, and approved byPyidaungsu Hluttaw shall be appointed judges of the Supreme Court bythe President of the State;

(b) The Pyidaungsu Hluttaw shall have no right to turndown the nomination for the judges of the Supreme Court presented bythe President of the State, unless it has clear proof of any wantingin qualifications prescribed by the Constitution.

He said Hluttaw should be one practising genuine democracyrepresenting the people; giving powers only to an individual istantamount to going against genuine democracy and it could upsetadministration of justice as it overrides the principle ofindependent administration of justice according to the laws of theState.

So the choosing of persons to serve as the Chief Justice of theUnion and judges of the Supreme Court of the Union should be doneonly by the Pyidaungsu Hluttaw representing the people.

In conclusion he said he had presented his organization'sproposals, openly and honestly for the good of the country in accordwith the National Convention's objectives of non-disintegration ofthe Union, non-disintegration of national solidarity and perpetuationof sovereignty, and that there are no other discussions on theremaining points.[Shan Nationalities League for Democracy]U Khun Tun Oo

U Khun Tun Oo of the Shan Nationalities League for Democracysubmitted the proposal paper on the chapter "The Judiciary". Hesingled out points contained in their party's paper as follows:

(1) not to tarnish the original justice.(2) with morality, concentration and wisdom administration of

justice will be upright,(3) no person exercising executive power shall interfere or

influence the independent and righteous administration of justice,(4) judicial bodies should, in all seriousness, avoid biased

practices,(5) administration of justice should be independent,(6) to recognize and grand individual right and human rights

to everybody, and appreciate the value of man than materials [sic],(7) to see that courts are truly reliable for the people, (8) though qualifications are to be taken into consideration

for the appointment of judges, attorneys, lawyers and servicepersonnel who are directly involved in the administration of justice,emphasis should be placed on appointment of persons having morality,concentration and wisdom,

(9) documents which play vital role in administration ofjustice should be kept according to law,

(10) the courts and judges should be protected from anyinfluence.

Then the principle "Sovereign power of the State is derivedfrom the citizens and is in force in the whole country" would becomemore meaningful.

There would appear the model pillar of the judiciary when wordsof the wise stating that all the human beings are equal before law,no one is above law, and the human society should not be for theState, but the State should be for the human society could bematerialist. (NLM 12/21)U Sai Tun Aung

U Sai Tun Aung, National Convention delegate of the ShanNationalities League for Democracy, submitted the second part of theproposal paper compiled by the party on the fundamental principles tobe included in the chapter the Judiciary.[Jurisdiction]

The following, he said, should be laid down as fundamentalprinciples to form bases:

1. Pyidaungsu Taya Hluttaw is the final court of appeal.2. (a) Pyidaungsu Taya Hluttaw shall have the exclusive

jurisdiction for the following matters:(1) all matters arising under any treaty made by

the Union;(2) all disputes between the Union and a unit or

between one unit and another;(3) such other matters, if any, as may be defined

by law.(b) If the Taya Hluttaw is satisfied that a case

pending in any inferior Court involves or is likely to involvesubstantially a question of the validity of any law having regard tothe provisions of this Constitution, the Taya Hluttaw shall transferthe case to itself for trial.

(c) No law shall be enacted excepting from theappellate jurisdiction of the Supreme Court cases which involvedquestions as to the validity of any law having regard to theprovisions of this co cases which involved questions as to thevalidity of any law having regard to the provisions of thisConstitution.

(d) Courts of first instance shall include State/RegionTaya Hluttaws (High Courts) which shall, subject to law, haveoriginal and appellate jurisdiction and power to determine allmatters and questions whether of law or of fact.[Appointment of judges]

Regarding the appointment of Judges of the Supreme Court, hesaid, the following should be laid down as fundamental principles to

serve as bases:1. The President of the State shall consult with the Chief

Justice of the Union for obtaining a nomination list of personshaving qualifications prescribed for Judges of the Supreme Court andsubmit it to the Union Hluttaw for appointment of Judges of theSupreme Court.

2. To be able to appoint persons nominated by the Presidentof the State and the Chief Justice of the Union as the Judges of theSupreme Court, the Judicial Committee of the Pyithu Hluttaw and theJudicial Committee (Union Judicial Committee) of the Lumyosu(Amyotha) Hluttaw shall cause matters concerning the nominees'activities, opinions and beliefs, legal viewpoints and moralcharacter to be heard by interested people in sufficient time allowed[sic] and shall thoroughly discuss them and decide by secret ballotwhether it should be endorsed or not.

3. Names of persons endorsed by the Judicial Committee areto be submitted to the Union Hluttaw session for seeking decision.

4. Judges of the Supreme Court shall be appointed with avote supported by more than half the total membership of the UnionHluttaw.

5. Regarding appointment of the Chief Justice of the Unionand Judges of the Supreme Court, if the vote is not supported by themajority of the Union Judicial Committee after its scrutinization orif the vote is not supported by more than half the total membershipof Union Hluttaw despite support vote of the majority of UnionJudicial Committee, the President of the State and the Chief Justiceof the Union shall, within the framework of their rights, submitnomination lists to the Union Hluttaw for appointment of the ChiefJustice of the Union [sic] or Judges of the Supreme Court till thematter is settled.

The Shan Nationalities League for Democracy submitted thefollowing to serve as basis:

'Justice throughout the Union shall be administered incourts established by the Constitution or by law and by judgesappointed in accordance therewith.'U Sai Tin Win

U Sai Tin Win, National Convention delegate of the ShanNationalities League for Democracy, submitted the third part of theproposal paper compiled by the party on the fundamental principles tobe included in the chapter the Judiciary.

Judicial field which must be free of sympathy, gratitude andtimidity had been extensively dealt with, he said and noted only thenwould various levels of judges be able to administer justice inaccordance with law. People will not have awe of the independent,frank, bold and serious judges and instead, they will have love,respect, and reliance on them and courts.[Region or State courts]

He suggested methods of electing the Chief Justice of theregion, head of the region High Court, and the Chief Justice of thestate, head of the state High Court. He said the Chief Minister ofthe region or state concerned shall submit the name of a qualifiedperson to the Judicial Committee of the respective region or stateHluttaw; the Judicial Committee shall scrutinize it and obtainapproval of more than half of the membership of the respectiveHluttaw; the Chief Minister concerned shall submit the name thusapproved to the President of the State who then appoints the personthe Chief Justice of the region or state concerned.

So, he said, regarding methods of electing Chief Justice ofHigh Court of the region or state, the following should be laid downas fundamental principles to serve as bases:

1. The Chief Minister of the region or state concerned shallsubmit a name for appointment of the Chief Justice of the region orstate to the respective region or state Hluttaw;

2. to be able to appoint the person nominated by therespective region or state Chief Minister as the Chief Justice of therespective region or state, the Judicial Committee of the respective

region or state Hluttaw shall cause, by allowing time, the person'sactivities, opinions and beliefs, legal viewpoints, morality, etc.,to be heard and scrutinized by the interested people, and discussedby the committee and decision must be taken by secret ballot;

3. the name of the person endorsed by the Judicial Committeeshall be submitted to a session of the respective region or stateHluttaw for decision;

4. if more than half the membership of the respective regionor state Hluttaw supports him, the Chief Minister of the region orstate concerned shall submit his name to the President of the State;

5. the President of the State shall appoint the personsubmitted by the Chief Minister of the respective region or staterespective [sic] as the Chief Justice of the High Court of the regionor state.

He said our country is still not developed and the people ofstates have not achieved progress so the Shan Nationalities Leaguefor Democracy submitted proposals at its best on the formation of thechapter the Judiciary which should be regarded by the people as aplay of reliance or a place of allaying their suffering.

He stressed the need for the judiciary to stand independently,free of constraints and influence and for those who administerjustice to be imbued with integrity, uprightness and good moralityand to be bold and serious, and said these conditions must be createdby the Constitution.

He said the Shan Nationalities League for Democracy believedthat its proposals would fulfill these requirements. (NLM 12/22)

Dec. 20: The Plenary Session of the National Conventioncontinued, with 511 of 590 delegates present. Proposal papers on theJudiciary were read by members of the of the Representatives-electdelegates group and the National Races delegates group [full texts].The Plenary Session then adjourned until January 8, 1996.U Hla Maung

U Hla Maung of representative-elect del-elect delegate groupsubmitted his proposal paper on the chapter "The Judiciary".

He said people, who can live in peace thanks to a governmentcapable of ensuring the rule of law fully, would not easily realizethe fate of other people having to live in an environment of fear fortheir survival. Under the circumstances, judges bear heavyresponsibilities in meting out fitting punishments independently andsuccinctly, settling disputes and extending help to ensure the ruleof law. So, courts at different levels should be set up fordistribution of judicial powers of the State as follows:

1. The Supreme Court of the Union shall be the highest courtin the State. The Supreme Court of the Union shall be the final courtof appeal of all courts in the State.

2. (a) The head of the Supreme Court of the Union shall becalled "the Chief Justice of Supreme Court of the Union".

(b) It should be designated to appoint seven judges ofthe Supreme Court of the Union including the Chief Justice.Pyidaungsu Hluttaw, Pyithu Hluttaw and Amyotha Hluttaw are the maincentral bodies responsible for separately exercising the legislative,executive and judicial powers for the people on their behalf. Theterm "Hluttaw" has been regarded as the highest body of the nationsince the time of ancient Myanmar kings and as such other bodiesshould not be called "Hluttaw". So, the highest court in the Stateshould be called "Pyidaungsu Taya Yonchok" (Supreme Court of theUnion).

3. (a) The President of the State shall, in consultationwith the Prime Minister of the State, nominated three qualifiedcandidates for the post of the Chief Justice and submit thenomination to the Pyidaungsu Hluttaw.

(b) The Pyidaungsu Hluttaw shall elect one of the threecandidates, who wins the highest number of votes cast by therepresentatives and he shall be appointed as the Chief Justice of the

Union by the President of the State.4. (a) The President of the State shall, in consultation

with the Chief Justice of the Union, nominated candidates for judgesof the Union and appoint them with the approval of the PyidaungsuHluttaw.

(b) If the nomination for the judges of the Unionsubmitted to the Pyidaungsu Hluttaw by the President of the Stateincludes any candidate lacking the qualifications for a judge of theUnion, he shall be replaced by another.

He said these points should be laid down as basic principles.[Local courts]

In connection with courts to be set up according to separatelaws under the High Courts of the Region and High Courts of theState, he supported the following basic principles:

-- under the High Court of the region or state, there arethe following levels of courts:

(a) if there is no self-administered area in the regionor state

(1) district courts(2) township courts

(b) if there is self-administered area in the region orstate

(1) in the self-administered division(aa) court of the self-administered division(bb) township courts

(2) in the self-administered zone(aa) court of the self-administered zone(bb) township courts

(3) in other areas(aa) district courts(bb) township courts

(c) in Union territory(1) district courts(2) township courts

In conclusion, he said adopting the concept that the governmentexists to serve the people, and the people do not exist to serve thegovernment, he had proposed points on the legislature, executive andjudiciary to be included in the constitution with the aim of definingbroadly the fundamental rights of the people such as freedom ofexpression, freedom of faith, freedom of organization and formation,enjoying equal protection of law and just and fair judgementaccording to law while at the same time stating explicitlyresponsibilities to be carried out by the people.U Aung Thein

U Aung Thein, independent representative-elect of YwanganConstituency, Shan State, submitted a proposal paper collectivelycompiled by independent representatives-elect Dr. Hmu Thang ofThangtlang Constituency, Chin State, U Tun Kyaw of NamhsanConstituency, Shan State, and himself on the chapter the Judiciary.

He said achievement of a peaceful, prosperous condition in acountry depends on rule of law and individual adherence to law anddiscipline and the judicial pillar will sway with rampant depravedmoral character, leaving all nationals and administrative authoritiesin distress and remarked that all must be equal before the law,regardless of race or religion or status.[Advice of Gen. Ne Win]

A law should provide equal rights to all citizens and judges begranted rights to independently administer justice, he suggested andstressed the need for judges to adhere to law in their administrationof justice. Regarding this, he submitted a piece of counsel given byGeneral Ne Win to his Attorney-General, "Give the kind of legaladvice which is reasonable. At courts, let judges decideindependently of their jurisdiction. If it is necessary, a law mustbe amended. Don't take a meaning as one wishes it to be."

He suggested judges be given sufficient salary and other

allowances and rights and privileges, free of pressure from anyparty, organization or individual. He stressed again the importanceof independent administration of justice, saying a judge will notcome to a right decision if he is given a pressure.[Customary law of national races]

Cases that have arise among national races and sub-races besettled through respective traditions and customs and customary lawsshould not be superseded by any other law, he said.

So, he said, formation of the judicial system should bedirected toward correct and expeditious disposal of cases, welfare ofparties involved in a case and eradication of bribery. He emphasizedthe formation of a judicial system needed for emergence of laws equalto all in this Union where genuine multi-party democracy system willsoon flourish.

He commented that the National Convention Convening CommissionChairman's address at the 2-9-94 Plenary Session was complete andexpressed support to the Chairman's suggestions of distribution ofpowers, the name of the highest court in the State, status of thehighest court and titles of judges to be appointed to the court.[President must accept Pyidaungsu Hluttaw judicial nominees]

Regarding the appointment of judges, he said, paras 3 and 4should be substituted with the following:

3. (a) The President of the State shall appoint a personnominated by Pyidaungsu Hluttaw the Chief Justice of the Union;

(b) The President of the State shall have no right toreject a person nominated by Pyidaungsu Hluttaw for appointment ofthe Chief Justice of the Union unless he can proved clearly want ofqualifications prescribed by the Constitution for the Chief Justiceof the Union.

4. (a) The President of the State shall appoint the personnominated by Pyidaungsu Hluttaw in consultation with the ChiefJustice of the Union as Judge of the Supreme Court;

(b) The President of the State shall have no right toreject a person nominated by Pyidaungsu Hluttaw for appointment as aJudge of the Supreme Court unless he can clearly prove want ofqualifications prescribed in the Constitution for Judges of theSupreme Court.[Age limits]

He said the group had no suggestions as to qualifications ofthe Chief Justice of the Union and Judges of the Supreme Court.However, he said, if the maximum age for the Chief Justice of theUnion and Judges of the Supreme Court is designated as 70, the personat the time of appointment as Chief Justice or Judges of the Unionshould not exceed 65 years of age. He remarked only then would he beable to complete his duty during a term of the Hluttaw.

Fundamental principles have been laid down to prescribe byenactment of separate laws regarding the status of the Chief Justiceand Judges of the High Courts of regions or states and their duties,rights and privileges and regarding formation of various levels ofcourts under the region or state High Court, appointment of judges atinferior courts, vesting them with jurisdiction and their duties,rights and privileges and regarding formation of staff at the SupremeCourt of the Union, High Courts of regions or states and other courtsand their duties, rights and privileges, he said and expressedagreement to them as clarified by the National Convention ConveningWork Committee Chairman. (NLM 12/22)U Htawng Kho Thang

U Htawng Kho Thang, independent representative-elect for TamuConstituency in Sagaing Division, of representatives-elect delegatesgroup submitted his paper on the chapter "The Judiciary".[Use of customary law to reduce court backlogs]

He said a study of the present human societies has wouldindicate that there has been an increase in the number of economicand social problems due to the growth in population. These problemshad to be settled at nearest township courts (courts of first

instance). Under such circumstances, courts would not be in aposition to handle them well and cases could be delayed. And thedelay could affect the process of passing fair judgements. Thenprogrammes drawn up by the State for bringing down the number ofcases would not be as effective as desired.

So, relevant customary laws of various national races should bepromulgated as necessary in the areas of the national races concernedto contribute towards correct and speedy administration of justiceand bringing down the number of cases.

He noted certain disputes settled according to existing laws donot conform to customary laws of some national races. Since decisionsdo not satisfy both parties there can create situations to commitmore offences, he said.

He then proposed prescribing in the constitution promulgationof customary laws to be practised to settle disputes among nationalraces in the respective areas.[Election of judges]

In connection with nominating judges, he stressed the need forthe executive chiefs and Hluttaw chairmen concerned to choose thecandidates independently and widely [sic]. He also spoke of the neednot to affect a citizen's right to stand for election and to vote fora candidate of his choice. At the same time, he said, arrangementswould have to be made to enable the people to freely and widelyparticipate in exercising the three sovereign powers -- thelegislative, executive and judicial powers -- of the State for theflourishing of genuine multi-party democratic system and worthiest ofworldly values of justice, liberty and equality. Only a few would getthe chance to stand for election if there are too many restrictionsor limitations. He said he believed more qualified judges would beelected from among a large number of candidates.

It would not be sufficient for judges just because they arewell-versed in legal matters. They would have to win public relianceand confidence. They would not win public reliance and confidencejust because they are experienced legal experts and are well known inthe profession. The people always rely on and value those who aremore concerned with public interest than self-interest.

So, if a person proficient and experienced in legal matters andtrusted by the people is prevented from being elected as a judge justbecause he is a member of a political party or a Hluttawrepresentative, the basic principle on this point would be contraryto one of the objectives of the National Convention calling forflourishing of worthiest of worldly values of justice, liberty andequality.

It would also amount to preventing persons of political partiesand Hluttaw representatives who are legal experts possessingqualifications of good judges from playing a role in publicadministration, he said.

He then suggested to permit persons having prescribedqualifications for Chief Justice or judges to stand for election asthe Chief Justice of the respective courts and judges of those courtsregardless of their being political party members or Hluttawrepresentatives.

He said he had submitted the proposal paper based on the points-- equal before the law and nobody is above the law.

He said he had also proposed methods for speedy and correctdisposal of cases. He said he had also proposed a new system ofdemocratic public administration of justice in the essence offavouring none.

Moreover, he said, he had presented check and balance to beexercised among the democratic judiciary, executive and legislativesystems.

In conclusion, he said his paper was submitted with the beliefthat an enduring constitution would emerge in conformity with theperiod heralding the Golden Jubilee of the country's independence andwith the Panglong Spirit or the Union Spirit.

National races delegatesU Ba Than of Taunggyi, National Convention delegate of national

races delegate group, submitted a proposal paper compiled by thegroup on the chapter 'the Judiciary'.

He said the national races delegate group has submittedsuggestions with unity and coordination within the framework of thesix objectives of the National Convention since its beginning onfundamental principles to serve as bases in writing an enduringConstitution.

He said that as fundamental principles regarding administrationof justice have been thoroughly discussed, the following are putforward as detailed fundamental principles:

-- The judicial power of the State is distributed(a) in accordance with the Constitution or by other

laws, among Pyidaungsu Taya Hluttawgyoke (Supreme Court of theUnion), region Taya Hluttaws (High Courts of the Regions), state TayaHluttaws (High Courts of the States), courts of the self-administereddivisions, courts of the self-administered zones, district courts,township courts, other courts constituted by law and judges appointedin accordance with law,

(b) in accordance with the Constitution or by otherlaws, among courts-martial, and

(c) in accordance with the Constitution, to theConstitutional Tribunal.[Qualifications of judges]

Regarding the qualifications of the Chief Justice of the Unionand Judges of the Supreme Court, he said, the following should belaid down as fundamental principles to serve as bases:

-- The Chief Justice of the Union and Judges of the SupremeCourt shall

(a) be not younger than 50 years and not older than 70years;

(b) possess, apart from the age limit, qualificationsprescribed for Pyithu Hluttaw representatives;

(c) (1) have been for at least five years a judge ofthe High Court of a region or state, or

(2) have been for at least ten years ajudicial officer or a law officer at not lower than region or statelevel, or

(3) have been an advocate of the Taya Hluttaw(High Court) of at least 20 years' standing, or

(4) have been assumed by the President to bea legal expert of prominent reputation;

(d) be loyal to the State and citizens;(e) not be a member of a political party;(f) not be a Hluttaw representative.

It should be explicitly prescribed in the qualifications of theChief Justice of the Union and Judges of the Supreme Court that theyshall not be members of any political party and moreover, that theyshall be free of party politics, and if they are civil servants, itshall be deemed that they have retired from civil service inaccordance with the existing rules and regulations from the date theyare appointed the Chief Justice of the Union or Judges of the SupremeCourt.

So, he said, the following should be laid down as fundamentalprinciples to serve as bases:

1. The Chief Justice of the Union or Judges of the SupremeCourt shall be free of party politics;

2. If Chief Justice of the Union or Judges of the SupremeCourt are civil servants, it shall be deemed they have retired fromcivil service in accordance with the existing rules and regulationsfrom the date they are appointed the Chief Justice of the Union orJudges of the Supreme Court.

He said that when the Chief Justice of the Union or Judges ofthe Supreme Court are appointed, their status should be designated --the Chief Justice of the Union at the level of the Vice-President of

the State and Judges of the Supreme Court at level of the UnionMinisters -- and regarding this, a detailed principle should be laiddown.

Responsibilities, rights and privileges of the Chief Justice ofthe Union or Judges of the Supreme Court should be prescribed byenactment of law, he said.U Saw Khin Maung Gyi

U Saw Khin Maung Gyi of Kyimyindine Township, Yangon Division,of the same group, submitted the second part of the proposal paper.[Region or State courts]

In connection with the formation of region Taya Hluttaw (HighCourt of the Region) and state Taya Hluttaw (High Court of theState), he said the following should be laid down as fundamentalprinciples to serve as bases:

1. There shall be one High Court of the Region in eachregion and one High Court of the State in each state;

2. (a) The head of the High Court of the Region in therespective regions and the head of the High Court of the State in therespective states shall be called Chief Justice of the High Court ofthe Region or Chief Justice of the High Court of the State.

(b) At least three and maximum seven Judges of the HighCourt of the Region or Judges of the High Court of the Stateincluding the Chief Justice of the High Court of the Region or Statecan be appointed to the High Court of the Region or State.

3. (a) The President of the State is to compile anomination list for the appointment of the Chief Justice of the HighCourt of the Region or State and a nomination list for theappointment of Judges of the High Court of the Region or State, inconsultation with the Chief Justice of the Union and the ChiefMinister of the Region or State concerned, and send them to theRegion or State Hluttaws concerned.

(b) The President of the State shall appoint personsapproved by the respective Region or State Hluttaws as the ChiefJustice of the High Court of the Region or State and as Judges of theHigh Court of the Region or State.

(c) a region Hluttaw or state Hluttaw has no right toreject nominees of the President of the State for the appointment ofthe Chief Justice of the High Court of the Region or State andnominees for the appointment of Judges of the High Court of theRegion or State unless it can show clear proof of want ofqualifications for the Chief Justice of the High Court of the Regionor State or Judges of the High Court of the Region or State.

A fundamental principle should be laid down in thequalifications for the Chief Justice of the High Court of the Regionor State or Judges of the High Court of the Region or State that theyshall not be members of any political parties as for the ChiefJustice of the Union and Judges of the Supreme Court. If they arecivil servants, it shall be deemed that they have retired from civilservice from the date they are appointed Chief Justice of the HighCourt of the Region or State or Judges of the High Court of theRegion or State.[Local courts]

He said there are normally two kinds of courts -- originalcourt and appeal court and if there are many levels of courts, therewill be waste of time and energy in appealing a case. So, he said,levels of courts should be designated in accordance with proceduresbeing practised in permitting appeals and revisions and to enablepeople to enjoy the right of appeal in accordance with law.

So, in connection with formation of various levels of courtsunder the High Court of the region or state, he said the followingshould be laid down as fundamental principles to serve as bases:

-- under the High Court of the region or state, there arethe following levels of courts:

(a) if there is no self-administered area in the region orstate

(1) district courts

(2) township courts(b) if there is self-administered area in the region or state

(1) in the self-administered division(aa) court of the self-administered division(bb) township courts

(2) in the self-administered zone(aa) court of the self-administered zone(bb) township courts

(c) in Union territory(1) district courts(2) township courts

(d) other courts set up by law.He said all delegates of the national races delegate group have

the wish to accept the decision of the National Convention. He said the group put forward proposals with an awareness that

emergence of an enduring Constitution that guarantees perpetualnational unity depends on the National Convention delegates. (NLM12/23)

Dec. 22: Alternate members of the Panel of Chairmen scrutinizedthe proposal papers presented on the Legislature, Executive, andJudiciary. The News and Periodicals Enterprise gave a news conference"to clarify the address of the Chairman of the National ConventionConvening Commission and the Commission Press Release." (NLM12/23) // Dec. 24: Scrutinization continued. (NLM 12/25) // Dec. 26:Scrutinization continued. (NLM 12/27) // Dec. 27: Scrutinizationcontinued. (NLM 12/28) // Dec. 29: Scrutinization continued. (NLM12/30)86 NLD Delegates Ousted

Nov. 30 [full text]: 86 of NLD revoked from being NationalConvention delegates for going AWOL.

The Panel of Chairmen submitted to the National ConventionConvening Work Committee that the total number of Conventiondelegates permitted to attend the National Convention plenary sessionwhich began on 28 November 1995 was 677.

The delegates are to attend the plenary session regularly inconformity with rights and responsibilities granted under paragraph 5of the National Convention Procedures, and if they cannot, they areto ask the Panel of Chairmen in advance for leave.

However, five Convention delegates of National League forDemocracy, included in the political parties' delegates group, and 81delegates of NLD, included in the Hluttaw representatives-electdelegates group, failed to attend the plenary session for twoconsecutive days, on 29 and 30 November, without obtaining priorpermission from the Panel of Chairmen.

Hence, upon presentation of the Panel of Chairmen and asprovided in the paragraphs 48 and 49 of the National ConventionProcedures, the Work Committee has revoked the 86 delegates, who wentabsent without leave, from being National Convention delegates. (NLM12/1)Rallies for Convention

Dec. 3: Mass rallies were held in support of the NationalConvention. 30,000 turned out in Magway, and 55,000 in Monywa.Motions in support of the Convention were unanimously passed. (NLM12/4)

Dec. 4: A mass rally of 27,270 of people from Sagaing, Myinmu,Myaung, and Ngazun Townships in Sagaing Division was held in supportof the National Convention. Sagaing Division Union Solidarity andDevelopment Association official U Saw San Soe Thein presided; "henoted as the National Convention has been making progress and gainingmomentum, there emerged groups wishing to disrupt it. Certain groupsexpecting foreign support are speaking ill of the NationalConvention, he said. They openly moved to take control of theConvention and write a constitution according to the taste of their

mentors outside the country. He said a total of 86 delegates of theNational League for Democracy...left on 28 November 1995. They thusput pressure on the Convention, he said.... He said he had learnedthat the delegates have determined to carry on trying to achievesuccess till completion of the National Convention...." The rallygave unanimous support to the Convention, and "ended with chanting ofslogans." (NLM 12/5)

Dec. 5: Mass rallies for the National Convention: 57,495attended from Wetlet, Tabayin, YeU, Taze, KhinU, Kanbalu, and KyunhlaTownships rallied in Shwebo. 61,950 people attended a rally inMandalay. 25,000 attended a rally in Minbu. 1,000 attended a rally inPabedan Township, Yangon. (NLM 12/6)

Dec. 7: Mass rallies: 20,000 attended in Kalay, SagaingDivision. 21,500 attended in Kyaukse, Mandalay Division. (NLM 12/8)

Dec. 8: Mass rallies: 12,890 attended in Kengtung. 2,000attended in Hlegu Township. (NLM 12/9)

Dec. 9: Mass rallies: Over 120,000 people from 42 Yangontownships attended on the lawns of National Stadium-1 in Thuwunna,Thingangyun Township, Yangon. The rally was sponsored by the UnionSolidarity and Development Association. 15,380 attended a rally inTaunggyi. 20,000 attended in Bago. 18,000 attended in Katha. 45,700attended in Pyapon. 35,000 attended in Thayet. (NLM 12/10)

Dec. 10: Mass rallies: 72,000 attended in Dawei; 2,150 in HleguTownship, Yangon; 30,000 in Pathein; 22,000 in Hinthada; 27,500 inMyaungmya; 4,501 in Nahtogyi; 3,500 in Taungtha. (NLM 12/11)

Dec. 11: Mass rallies: 10,050 attended in Mawlike; 15,000 inTharawady; and 6,200 in Kyaukpadaung. (NLM 12/12)

Dec. 12: Mass rallies: 18,000 attended in Loikaw; 45,000 inLashio; and 60,000 in Pakokku. (NLM 12/13)

Dec. 13: Mass rallies: 15,200 attended in Yamethin; 2,000 inNyaungU; 19,194 in Hkamti; and 14,500 in Tamu. (NLM 12/14)

Dec. 14: Mass rallies: 20,000 attended in Meiktila; and 15,000in Kyaukme. (NLM 12/ 15)

Dec. 15: Mass rally: 5,000 attended in Insein. (NLM 12/16)Dec. 16: Mass rallies: 20,000 attended in Muse. (NLM 12/17)Dec. 18: Mass rallies on Dec. 14-17: 36,000 attended in

Thayetchaung Township; 3,800 in Mohnyin; 4,500 in Htilin;(unspecified) in Myawady; and 61,000 in Myitkyina. (NLM 12/ 19)

Dec. 19: Mass rallies on Dec. 17-18: 17,000 attended inMogaung; and 50,000 in Hpa-an. (NLM 12/20)

Dec. 20: Mass rallies on Dec. 17-19: 2,500 attended in Kyayan;15,000 in TadaU, and 21,500 in Kyaukse. (NLM 12/21)

Dec. 21: Mass rally on Dec. 20: 37,780 attended in Kawkareik,Kayin State. (NLM 12/ 22)

Dec. 23: Mass rally: 19,00 attended in Kyaukphyu. (NLM 12/24)Dec. 25: Mass rally on Dec. 24: 36,700 attended in Kawthoung

Township. (NLM 12/ 26)Dec. 26: Mass rally on Dec. 19: 5,000 attended in Putao. (NLM

12/27)Dec. 27: Mass rally: 42,300 attended in Myeik. A motion was

passed "calling for ostracizing and opposing people attempting todisrupt the National Convention." (NLM 12/28)

Dec. 30: Mass rallies: 25,000 attended in Thandwe District,Rakhine State. Chairman U Min Min Kyaw said "subversive elements haveemerged" and are trying to manipulate the National Convention "infavour of their masters abroad." He called the withdrawal of theNational League for Democracy "tantamount to blackmailing theConvention," and said subversives should be exposed and ostracized.On Dec. 15 & 18 there were other rallies: 3,000 in Kunlong and 6,500in Kutkai.(NLM 12/31)DIPLOMATICDiplomatic Calls

[The following calls were paid on Burmese officials by foreignEmbassy or UN officials accredited to Burma. Details of the meetings

are rarely reported. Ambassadors generally accompany foreign visitorsfrom their countries on official calls, and their presence isgenerally not noticed in this Summary. Newly arrived and departingAmbassadors generally make the rounds of Cabinet Ministers and otherleading officials.]

Nov. 30: Japanese Ambassador Takashi Tajima, who has completedhis tour of duty in Myanmar, called on Minister for Agriculture Lt-Gen. Myint Aung. Egyptian Ambassador Abdel Rahim Ismail Shalabycalled on Minister for Agriculture Lt-Gen. Myint Aung. (NLM 12/1)

Dec. 1: The Japanese Ambassador called on Minister for Financeand Revenue Brig-Gen. Win Tin, and on Deputy Prime Minister Vice-Adm. Maung Maung Khin. (NLM 12/2)

Dec. 2: Indian Ambassador Lal Thanzaua Pudaite called onMinister for Transport Lt-Gen. Thein Win. (NLM 12/3)

Dec. 5: Indian Ambassador Lal Thanzaua Pudaite called onMinister for Hotels and Tourism Lt-Gen. Kyaw Ba. (NLM 12/6)

Dec. 7: Egyptian Ambassador Abdel Rahim Ismail Shalaby calledon Minister for Finance and Revenue Brig-Gen. Win Tin. (NLM 12/8)

Dec. 12: Malaysian Ambassador Dato Abdul Wahab bin Harun calledon Minister for Livestock Breeding & Fisheries Brig-Gen. Maung Maung.(NLM 12/13)

Dec. 14: Russian Ambassador Valeri Vartanovich Nazarov calledon Secretary of the Central Committee for Drug Abuse Control,Director-General of the Myanmar Police Force Police Maj-Gen. Soe Win.(NLM 12/15)

Dec. 15: Vietnamese Ambassador Tran Viet Tan called on Ministerfor Home Affairs Lt-Gen. Mya Thin. (NLM 12/16)

Dec. 19: Malaysian Ambassador Dato Abdul Wahab bin Harun calledon Minister for Trade Lt-Gen. Tun Kyi. (NLM 12/20)

Dec. 20: Chinese Ambassador Mrs. Chen Baoliu called on Ministerfor Information Maj-Gen. Aye Kyaw. (NLM 12/21)

Dec. 22: Egyptian Ambassador Abdel Rahim Ismail Shalaby calledon Yangon Mayor U Ko Lay. (NLM 12/23)

Dec. 28: Indian Ambassador Lal Thanzaua Pudaite called onMinister for Livestock Breeding & Fisheries Brig-Gen. Maung Maung.Sri Lankan Ambassador K.B. Fernando called on Minister forInformation Maj-Gen. Aye Kyaw. (NLM 12/29)

Dec. 29: Chinese Ambassador Mrs. Chen Baoliu called on Ministerfor Construction Maj-Gen. Saw Tun. Egyptian Ambassador Abdel RahimIsmail Shalaby called on Minister for National Planning and EconomicDevelopment Brig-Gen. Abel. Bangladeshi Ambassador Brig. ChowdhuryKhalequzzaman (Retd) called on Minister for Trade Lt-Gen. Tun Kyi.(NLM 12/30)New Ambassadors to Myanmar

Dec. 14: The Myanmar government has agreed to the appointmentof Mr. Yoichi Yamaguchi as new Japanese Ambassador to Myanmar. He wasborn in 1937, graduated from Tokyo University, and joined the ForeignMinistry in 1970. He has served in Indonesia and France, before beingnamed Ambassador to Madagascar in 1986 and Ambassador to Turkey in1991. Since 1995 he has represented the Foreign Ministry in Osaka. Heis married, with three children. (NLM 12/15)Myanmar Joins Drug Pact

Dec. 20: On Dec. 20, Myanmar became a party to the Conventionon Psychotropic Substances, 1971. In 1961, Myanmar had also joinedthe Single Convention on Narcotic Drugs, 1961, and in 1991 joined theUnited Nations Convention Against Illicit Traffic in Narcotic Drugsand Psychotropic Substances. (NLM 12/21)INTERNATIONAL COOPERATIONJoint Workshops & Projects

Dec. 4: A National Workshop on Design, Management andEvaluation of IAEA Technical Cooperation Projects opened at theMyanmar Scientific and Technical Research Department. Speakers

included Dr. J. Aslam, head of the IAEA Asia and the PacificDepartment and Deputy Minister for Industry-2 U Saw Tun. 30 traineesare attending the 5-day workshop. (NLM 12/5)

Dec. 5: A two-day National Workshop on Formulation ofStrategies for Mass Participation in the Programmes for Availabilityof Pure Water, Environmental Sanitation and Personal Hygiene, co-sponsored by the Water Resources Utilization Department of theMinistry of Agriculture, the Health Department, and UNICEF. (NLM12/6)

Dec. 7: A Workshop in Implementation of Future Tasks laid downby the International Population and Development Conference (Cairo) of1994, jointly sponsored by the Ministry of Immigration and Populationand the United Nations Funds for Population Activities (UNFPA) wasaddressed by Minister for Immigration and Population Lt-Gen. MaungHla. Region director of UNFPA Mr. K Bal Gopal also spoke; he alsocalled on Minister for Immigration and Population Lt-Gen. Maung Hla.(NLM 12/8)

Dec. 13: Workshops on Improvement of Present Vital Registrationand Statistics System in Myanmar, co-sponsored by the CentralStatistics Organization and UNDP, concluded in Mandalay on Dec. 6 andin Kyaukse on Dec. 8. The Mandalay session was attended by 30participants and 12 observers; that in Kyaukse by 150 grass-levelparticipants. (NLM 12/14)

Dec. 15: A 3-day Health Care Course for Housewives, cosponsoredby Myanmar Maternal and Child Welfare Association and UNICEF, openedwith 110 trainees from 10 townships, who will conduct multipliercourses in their townships. "The course is aimed at promoting theliving standard of housewives and enabling them to enjoy health andhappiness, to take preventive measures against HIV/AIDS, venerealdisease and tuberculosis by promoting health education forreproduction and to take care of patients infected with thediseases." Speakers included Dr. Christian Dricot D'ans of UNICEF andDr. Weresit Sittirai of the Thai Red Cross Society. (NLM 12/16)

Dec. 22: A Japan-Myanmar Seminar on HIV/AIDS, cosponsored bythe Department of Health and the National Institute of Health (NIH),Japan, opened and was addressed by Minister for Health Vice-Adm. ThanNyunt, who noted that under the new "Sentinel Surveillance" bloodtesting program, tests are now being conducted at 19 places in 12States and Divisions. Japanese participants include Director-GeneralDr. Shudo Yamazaki of NIH, Dr. Tamami Umeda, Chief of the Ministry ofHealth and Welfare of Japan, Dr. Naimco Yoshihara, Chief of the NIHAIDS Research Centre, and Dr. Yukuta Takebe, Chief of the NIH AIDSEpidemiology Laboratory. (NLM 12/23)Regional and Border Cooperation

Dec. 1: A 12-member Thai delegation led by Deputy Director-General Mr. Sumathee Srisuchart of the Department of Technical andEconomic Cooperation (DTEC) of the Thai Prime Minister's Office,arrived Nov. 27 to discuss technical cooperation with Myanmar. OnNov. 27 it met with a Myanmar delegation headed by the Director-General of the International Organizations of the Foreign Ministryand Economic Department and other officials. In the afternoon, theThai delegation met with officials of the Health, Education, andAgriculture Ministries to discuss 1995 technical cooperation andplans for implementation in 1995. On Nov. 29, part of the delegationvisited Bagan-NyaungU to observe the NyaungU Dry Zone CultivationResearch Farm and the Taung Zin Drinking Water Distribution Projectof the Ministry of Agriculture. Other members went to Bago to visitthe Bago Hospital, the Bago Division Health Department, and theIndagaw Regional Health Centre of the Ministry of Health. On Nov. 30,the Thai and Myanmar delegations held a final discussion meeting. Thedelegation returned to Thailand on Dec. 1. (NLM 12/2)

Dec. 18: An India, Myanmar, Bangladesh Border CoordinationMeeting on Malaria opened in Yangon. Deputy Minister for Health Col.Than Zin said malaria was a top priority problem in Myanmar; 36%reside in malaria high-risk areas, 56% in low-risk areas, and only 8%

in on-risk areas. Malaria morbidity was 16.3 per 1,000 population,the mortality rate was 10 per 100,000, and case fatality rate was 3%.Malaria is a border problem, and he hoped the countries participatingwould give special emphasis to [text]:

-- selection of insecticides, dosage, timing of sprayoperation;

-- formulation of drug policies for management of malaria inthe border areas;

-- preparedness for prevention and control of epidemics inthe border areas and

-- development of information exchange system among theborder countries.

The Meeting is being attended by 21 Myanmar representatives, 14Indian representatives, 4 Bangladesh representatives, and 5 WHOrepresentatives. (NLM 12/19)

Dec. 21: A four-member Indian delegation led by Secretary Mr.K. Padmanabhaiah of the Ministry of Home Affairs arrived toparticipate in the Third National Level Meeting of Myanmar and IndiaCivil Authorities. (NLM 12/22) // Dec. 22: The delegation called onMinister for Home Affairs Lt-Gen. Mya Thin, on Minister for ForeignAffairs U Ohn Gyaw, and on Deputy Minister for Progress of BorderAreas and National Races and Development Affairs U Kyaw Tin. DeputyMinister for Home Affairs Col. Tin Hlaing hosted a dinner. (NLM12/23) // Dec. 23: The meeting was held, with a Myanmar delegationled by Deputy Minister for Home Affairs Col. Tin Hlaing. "Theydiscussed border affairs, security, sending of cultural and sportsdelegates between the two countries and border development." (NLM12/24) // Dec. 25: Agreed minutes of the meeting were signed. (NLM12/26) // Dec. 26: The Indian delegation departed. (NLM 12/27)

Dec. 28: A Myanmar-Nepal Aviation Meeting was held, withdelegations led by Director-General U Tin Aye of the Department ofCivil Aviation and Director-General of the Nepal Civil AviationDepartment Mr. B.B. Deoja. (NLM 12/29)Social and Economic Cooperation

Dec. 4: A Memorandum of Understanding was signed between theForeign Economic Relations Department, in the presence of Ministerfor National Planning and Economic Development Brig-Gen. Abel, andthe Singapore International Foundation, represented by ExecutiveDirector Prof. Ms. Chan Heng Chee, under which Singapore technicianswill serve in the Institute of Health, Ministry of Health, NationalRehabilitation Hospital, and Ministry of Social Welfare, Relief andResettlement. (NLM 12/5)Donations from Abroad

[We report here donations apparently from foreign sources,except for donations incidental to the visits of business visitors,etc., which are included in accounts of the visits. We do notnormally report the numerous articles on donations by Burmeseindividuals inside Burma and Burmese companies to government,religious, and social organizations and charities.]

Nov. 30: Japan donated medicine and medical equipment worth $52,700 to the Jivitadana Sangha Hospital under an SSGA Grant. (NLM12/1)

Dec. 2: Japan donated a washing machine to the Inya YouthTraining School and a water filter to the Training School for Girls.(NLM 12/2)

Dec. 5: Senior Manager Mr. Yajima of Toshiba Co., Tokyo, andparty donated two 32-inch TV sets to Myanma Television and RadioDepartment. (NLM 12/6)

Dec. 7: Director Mr. Kwa Kim Seng of Ambur International Ltd.donated K 26,200 of sports equipment to the Ministry of Information.(NLM 12/8)

Dec. 8: Jump suits worth $ 1,000 were donated to the MyanmarOlympic Committee for the free fall demonstration team, by SEPP(Myanmar) Co. Ltd., represented by Director U Kyaw Soe Myint, and

SEPP Representatives Mr. Hardeep Singh, Mr. Biran L. Marcar (ManagingDirector of Tero Entertainment Holding Co. Ltd.), and Mr. Jaspal(Managing Director of Singh SEPP International Ltd.). (NLM 12/9)

Dec. 8: Japan donated $34,000 of medicine to the MyanmarMaternal and Child Welfare Association under the Grassroots GrantAssistance. Japanese Charge d'Affaires Mr. Kochi Kawakami signed theagreement for the grant. (NLM 12/9)

Dec. 11: France donated $10,847 to UNDP for victims of theSept. 21 floods in Wuntho and Kawlin Townships, Sagaing Division.(NLM 12/12)

Dec. 12: Japan donated $30,500 for renovation of the MyanmarNurses Association maternity shelter in Dagon Myothit (South). (NLM12/13)

Dec. 13: Managing Director Mr. Itaat Husain of PT Multi BreederAdirama Co. of Indonesia presented 13,320 hybrid eggs to theLivestock, Feedstuff and Dairy Products Enterprise. (NLM 12/14)

Dec. 14: General Manager Mr. Yu Zhu De of Materials Corporationof Broadcast and TV Department of Yunnan Province presented TVretransmission equipment worth K 230,000 to the Myanmar TV and RadioDepartment. (NLM 12/15)

Dec. 15: Yangon Branch Manager Mr. Young Jun Chang of SamsungCorporation of Korea donated golf equipment, laser disc players,radios, cameras, etc. to Minister for Livestock Breeding & FisheriesBrig-Gen. Maung Maung on behalf of the SLORC Chairman's BowlTournament. (NLM 12/16)

Dec. 19: The French Embassy donated French books and teachingmaterials to the Institute of Foreign Languages. (NLM 12/20)

Dec. 19: At the suggestion of Chairman Mr. Takuma Yamamoto ofFujitsu Ltd. of Japan, General Manager Mr. O. Ikeya of Daimaru Inc.donated a satellite receiver, a Toshiba video deck, and a Sony TV tothe Foreign Ministry for its new building, in appreciation for thehandover of the wreckage of a Hayabusa Fighter Type II to the 64thAir Squadron Comrade Association of Japan. (NLM 12/20)

Dec. 20: Chairman Mr. Ichiro Chibata of Tanabe Seiyaku Co. Ltd.of Osaka donated medicine worth $25,000 to the Ministry of Health,and an arrangement with Daimex Inc., Japan, and medicine worth$15,000 to the Border Affairs Ministry. [see also under BusinessVisitors] (NLM 12/21)

Dec. 20: General Manager Mr. Akiya of Mitsubishi Corporationdonated one ton of milk powder worth K 500,000 to Child Care Centresof the Social Welfare Department. (NLM 12/21)

Dec. 21: Managing Director Mr. Alan R. Satterlee of TexacoMyanmar donated $25,000 to UNDP for a "pilot project to distribute10,000 fuel-efficient wood-burning stove to provide for selectedpoorer households in the environs of Yangon." (NLM 12/ 22)

Dec. 22: Germany donated DM 20,000 to UNDP for relief victimsof the Sept. 21 flash floods in Wuntho and Kawlin Townships, SagaingDivision. (NLM 12/23)

Dec. 22: China donated medicines worth 3,000 yuan to theMyanmar Maternal and Child Welfare Association. (NLM 12/23)

Dec. 22: Officials of Napos Lions (M) Sdn Bhd of Malaysiadonated chocolates worth K 1.8 million and medals worth K 400,000 forrunners in the Mayor's International Marathon. (NLM 12/23)FOREIGN VISITORS

[Although we rarely note it, foreign visitors calling onMyanmar officials are often accompanied by their Ambassadors. --HCMacD.]International Agency Visitors

Dec. 12: Executive Director Mr. Syed Muhamad Abdul Kadir of theAsian Development Bank called on Minister for Finance and RevenueBrig-Gen. Win Tin. (NLM 12/ 13)

Dec. 19: Director Dr. M.Z. Husain and Mr. B.S. Lamda of WHOcalled on Minister for Health Vice-Adm. Than Nyunt. (NLM 12/20)

Dec. 20: Resident Representative Mr. A. Garcia of the

International Rice Research Institute (IRRI) called on Minister forAgriculture Lt-Gen. Myint Aung to discuss high-quality rice strainsand production of small agricultural equipment. (NLM 12/21)Cultural Visitors

Nov. 30: A 10-member Japanese Traditional Drummer Troupearrived. It will perform at the National Theatre on Dec. 2 and 3.(NLM 12/1) // Dec. 2: The troupe gave a performance, attended byMinister for Culture Brig-Gen. Thaung Myint, Minister forCooperatives U Than Aung and others. (NLM 12/3)

Dec. 6: Mr. Wang Wubin and Mrs. Ma Qundi of China arrived tohold a China Water Colour Exhibition in Myanmar. (NLM 12/7) // Dec.7: Accompanied by the Chinese Ambassador, they called on Minister forCulture Brig-Gen. Thaung Myint. (NLM 12/8) // Dec. 8: The exhibitionopened. (NLM 12/ 9) // Dec. 19: Deputy Minister for Culture U SoeNyunt hosted a dinner for the Chinese officials. (NLM 12/20)

Dec. 16: Japanese musicians Mr. Takumi Sato and Mrs. ManamiSato joined Myanmar vocalists with their Yamaha instruments in anentertainment at the National Theatre, sponsored by the JapanInternational Food Aquaculture Society (JIFAS). Public performanceswill begin Dec. 17. (NLM 12/17)

Dec. 20: A five-member Chinese Writers Delegation led by Mr.Yuan Ying arrived under the Cultural Exchange Programme. It called onMinister for Information Maj-Gen. Aye Kyaw, and was hosted at dinnerby Managing Director U Than Maung of the Printing and PublishingEnterprise. (NLM 12/21) // Dec. 21: Chairman U Myo Thant (Maung HsuShin) of the Myanmar Writers and Journalists Association hosted alunch for the delegation. (NLM 12/22) // Dec. 27: On Dec. 22-27 thedelegation visited Bagan, Popa Park, Mandalay, PyinOoLwin, andSagaing, before flying on to Taunggyi. (NLM 12/28) // Dec. 29: Thedelegation toured Shan State, before returning to Yangon. (NLM12/30). // Dec. 30: The delegation visited Hlawga Park. (NLM 12/31)

Dec. 20: Professor Dr. Teruo Higa and party of Japan called onMinister for Agriculture Lt-Gen. Myint Aung. "The guests were here toproduce effective micro-organism (EM) fertilizer" which will beproduced on a commercial scale in Myanmar and introduced during the1996-97 monsoon season. (NLM 12/21)Medical Visitors

Dec. 3: A 16-member team of specialists from Mt. ElizabethHospital in Singapore, led by Dr. Leslie Lam, Dr. Joseph Sheares, andDr. George Lim, and a 5-member team from Japan, led by Dr. Saito,arrived on Nov. 26 to lecture and give medical treatment at theDefense Services General Hospital from Nov. 27-Dec. 3. They treated20 patients. (NLM 12/4)

Dec. 27: Facial and jaw surgeon Honorary Prof. Dr. S.T. Lee andparty of Singapore General Hospital called on Minister for HealthVice-Adm. Than Nyunt to discuss sending post graduate scholars toSingapore. Dr. Lee will do maxillo-facial operations at YangonGeneral Hospital through Jan. 7. (NLM 12/28)

Dec. 28: Prof. U Htut Saing, Paediatric Surgeon of Queen MaryHospital, Hong Kong, called on Minister for Health Vice-Adm. ThanNyunt to discuss post graduate training in Hong Kong. (NLM 12/29)

Dec. 30: President Sir Robert Shields of the Royal College ofSurgeons of Edinburgh called on Minister for Health Vice-Adm. ThanNyunt, and discussed the FRCS Part 1 Examination in Myanmar,recognition of teaching hospitals, and post-graduate courses. (NLM12/31)Business Visitors

[May include Governmental delegations with predominantlycommercial aims.]

Nov. 30: Chairman of Daiwa Securities Co. Ltd. and Head of theDaiwa Securities group of companies Mr. Sadakane Doi and party calledon Deputy Prime Minister Lt-Gen. Tin Tun. (NLM 12/1)

Nov. 30: President Mr. Tetsuro Tanizumi and party of Dentsu

Inc. of Japan called on Minister for Hotels and Tourism Lt-Gen. KyawBa. (NLM 12/1) // Dec. 1: He called on Minister for Trade Lt-Gen. TunKyi. (NLM 12/2)

Dec. 4: General Manager Mr. S. Enomoto of Japan EnergyCorporation and party called on Minister for Energy U Khin MaungThein. (NLM 12/5)

Dec. 4: A delegation from the Fuyo Group Business FriendshipMission led by Chairman Mr. Iwao Toriumi of Marubeni Corp. called onMinister for Agriculture Lt-Gen. Myint Aung to discuss profit-sharingagro-based industrial investments, on Minister for Energy U KhinMaung Thein, and on Minister for National Planning and EconomicDevelopment Brig-Gen. Abel (with whom it signed a Memorandum ofUnderstanding), on Chairman of the Myanmar Investment CommissionDeputy Prime Minister Vice-Adm. Maung Maung Khin, and on SLORCSecretary-1 Lt-Gen. Khin Nyunt. In the evening the delegation hosteda dinner attended by Deputy Prime Minister Vice-Adm. Maung Maung Khinand Deputy Prime Minister Lt-Gen. Tin Tun. (NLM 12/5) // Dec. 5: TheMission departed. (NLM 12/6)

Dec. 5: An Italian Trade Mission headed by Dr. GiorgioTommasini called on Minister for Finance and Revenue Brig-Gen. WinTin. (NLM 12/6)

Dec. 6: Managing Director and Vice-Chairperson Mrs. RobinAbrams of Apple Asia Office of Apple Computer called on Minister forCooperatives U Than Aung to discuss computer courses. (NLM 12/7) //Dec. 8: Mrs. Abrams addressed a demonstration of Apple Computertechnology, as Capital Mac Center donated $30,000 for construction ofschools in the Myainggyingu region [on the Thai border], and Vice-Chairman Mr. Sami Roy of Apple Computer Co. donated $1,000 to theTiger Parahita School for Development of National Races. (NLM 12/9)

Dec. 6: Chairman Mr. Pong Sarasin of Siam Syntech ConstructionPublic Co. Ltd., Chairman Mr. Yong Nam Seng of Woh Hup Pte. Ltd., andExecutive Director Mr. Ngiam Siew Kim of Syntech-Woh Hup Pte. Ltd.called on Minister for Hotels and Tourism Lt-Gen. Kyaw Ba. (NLM 12/8)

Dec. 8: Chairman Mr. Kaung W.K. Ho of the Ho Group Co. Ltd. ofThailand and mission called on Chairman of the Myanmar InvestmentCommission Deputy Prime Minister Vice-Adm. Maung Maung Khin. (NLM12/9)

Dec. 8: The Vice President of P.T. Anwar Sierad Co. ofIndonesia, accompanied by Indonesian Embassy Counsellor Mr. MarchinusSamosir, called on Minister for Livestock Breeding & Fisheries Brig-Gen. Maung Maung. (NLM 12/9)

Dec. 11: Managing Director Mr. William Tan Kian Seng of FBC[Foreign Business Centre] Services Pte. Ltd. of Singapore and partycalled on Minister for Trade Lt-Gen. Tun Kyi to discuss the 1995Myanmar Business Conference to be held Dec. 12 at the Inya LakeHotel; they donated $2,000 for leprosy victims. (NLM 12/12)

Dec. 12: Chairperson Mrs. Pamelia Lee of the Advisory Board forPromotion of Tourist Industry, Singapore, and party called onMinister for Hotels and Tourism Lt-Gen. Kyaw Ba. They arrived Dec. 9to assist in adopting a master plan for Visit Myanmar Year. DirectorMr. Richard Ng "explained to ministry officials salient points aboutEuropean Outbound Market." In the evening, Mrs. Lee hosted a dinner.(NLM 12/13)

Dec. 13: President Sir Sidney Gordon of China Light and PowerCo. Ltd. and party called on SLORC Secretary-1 Lt-Gen. Khin Nyunt. Healso called on Chairman of the Myanmar Investment Commission DeputyPrime Minister Vice-Adm. Maung Maung Khin. (NLM 12/14)

Dec. 13: Executive Vice-President Mr. Kenji Tamiya of SonyCorporation and party called on Chairman of the Myanmar InvestmentCommission Deputy Prime Minister Vice-Adm. Maung Maung Khin. (NLM12/14)

Dec. 14: President Mr. Colin Smith of BHP Co. of Australia andparty called on Chairman of the Myanmar Investment Commission DeputyPrime Minister Vice-Adm. Maung Maung Khin. (NLM 12/15) // Dec. 15: Hecalled on Minister for Forestry Lt-Gen. Chit Swe. (NLM 12/16)

Dec. 14: Director Mr. P. van Zanten and party of ING Bank of

Netherlands called on Chairman of the Myanmar Investment CommissionDeputy Prime Minister Vice-Adm. Maung Maung Khin. (NLM 12/15)

Dec. 16: Chairman Mr. Tagenaga Shunichi of Daimex Inc. of Japanand experts met with Minister for Livestock Breeding & FisheriesBrig-Gen. Maung Maung and fisheries officials to discuss investmentsin fishing and prawns. (NLM 12/17)

Dec. 16: Market Department Manager of Gillette Co. Ltd. Mr.Cheah Kiu Lye of Malaysia and Resident Manager U Peter Moe Kyaw metwith the press to discuss the Gillette Free Kick Challenge LuckyDraw. (NLM 12/17)

Dec. 20: A group of Thai entrepreneurs headed by ManagingDirector Mr. David Sun of Chorong Thai Cable Co. Pte. Ltd., andincluding entrepreneurs from Sigma Cable Co. Pte. Ltd. of Singapore,called on Minister for Trade Lt-Gen. Tun Kyi. They donated $2,000 forthe Leprosy Hospital. (NLM 12/21)

Dec. 20: Chairman Mr. Ichiro Chibata of Tanaga Seiyaku Co. Ltd.of Osaka called on Deputy Prime Minister Lt-Gen. Tin Tun. [see alsounder Foreign Donations] (NLM 12/21)

Dec. 20: Executive Vice-President Mr. Yasuo Takahashi ofIntegrated Logistics Berhad and party called on Chairman of theMyanmar Investment Commission Deputy Prime Minister Vice-Adm. MaungMaung Khin. (NLM 12/21)

Dec. 21: President Mr. Hashim S. Djojohadikusumo and party ofP.T. Prima Comexindo Co. of Indonesia arrived and called on Ministerfor Trade Lt-Gen. Tun Kyi, who later hosted a dinner for him. (NLM12/22) // Dec. 22: He called on Minister for Industry 1 Lt-Gen. SeinAung, on Minister for Mines Lt-Gen. Kyaw Min, and on Chairman of theMyanmar Investment Commission Deputy Prime Minister Vice-Adm. MaungMaung Khin. In the evening he hosted a return dinner attended byDeputy Prime Minister Vice-Adm. Maung Maung Khin, Minister for TradeLt-Gen. Tun Kyi, Chairman of Myanmar Economic Holdings Ltd. Brig-Gen.Than Oo, Deputy Minister for Mines U Hlaing Win and others. (NLM12/23)

Dec. 22: Six well-known Malaysian photographers arrived Dec.16, at the invitation of the Ministry of Hotels and Tourism and AgfaFilm Company, to take scenic photographs in Yangon, Bago, Mandalay,Maymyo [sic], Bagan, Taunggyi, and Inlay. (NLM 12/ 23)

Dec. 22: A Russian delegation from Avia Bank group and MoscowAircraft Production Organization (MAPO) Group, led by Mr. Maxiam K.Tkatchev called on Minister for Trade Lt-Gen. Tun Kyi, who laterhosted a lunch for them. (NLM 12/23)

Dec. 22: A delegation led by Vice-President (NetworkManagement) of All Nippon Airways Mr. Kazuhisa Shin and party calledon Minister for Transport Lt-Gen. Thein Win. (NLM 12/23)

Dec. 26: Chairman Mr. Agus Nursalim and party of KIG GlassIndustrial Berhad of Malaysia called on Minister for Industry 1 Lt-Gen. Sein Aung to discuss ceramic industries. (NLM 12/27) // Dec. 27:He called on Chairman of the Myanmar Investment Commission DeputyPrime Minister Vice-Adm. Maung Maung Khin. (NLM 12/28) // Dec. 28: Hecalled on Minister for Trade Lt-Gen. Tun Kyi. (NLM 12/29)

Dec. 27: Adviser to the Hanwon Group, former Korean Ambassadorto Myanmar Mr. Lee Sang Yul, and party called on Minister forForestry Lt-Gen. Chit Swe. (NLM 12/28)

Dec. 27: Grand Wynn Enterprise Ltd. and S Artistry Beauty Co.Ltd. of Thailand co-sponsored a demonstration of Lolane hair-dressingin Mandalay; speaker S Artistry Director Mr. Pratarn (a) U Aung Than.He donated K 60,000 of biscuits for the Mandalay Leprosy Hospital,while Managing Director Mr. Seri donated K 150,000 of canvas shoesfor the Mandalay Marathon. (NLM 12/28)Religious Visitors

Dec. 1: A Korean Buddhist delegation of 64 nuns led by ChairmanRev. Song Myung Jin of the Cho Ji Sect of Korea paid obeisance to theremains of the late Salin Sayadaw. (NLM 12/2)

Dec. 14: The Chen Heng Buddhist Society of Singapore, headed byChairman Mr. Low Kin Chong, offered robes, umbrellas, slippers and

fans to 1,200 Sangha members at the Bago Myoma Sarthintaik. (NLM12/15)Media Visitors

Dec. 2: Chief Reporter Mrs. Delphine Evmoon of DMI Press ofFrance called on Yangon Mayor U Ko Lay. (NLM 12/3)Brunei Communications Minister

Nov. 30: A delegation led by Brunei Minister for CommunicationsMr. Dato Haji Zakaria Sulaiman arrived. It called on Minister forNational Planning and Economic Development Brig-Gen. Abel, onMinister for Communications, Posts & Telegraphs U Soe Tha, and onMinister for Transport Lt-Gen. Thein Win. (NLM 12/1) // Dec. 1: TheMinister called on Deputy Prime Minister Vice-Adm. Maung Maung Khin.(NLM 12/2) // Dec. 2: The delegation returned home. (NLM 12/3)Czech Deputy Trade Minister

Nov. 30: Czech Deputy Minister for Industry and Trade Mr.Miroslav Soimot and party called on Minister for Trade Lt-Gen. TunKyi, and on Minister for Industry-2 Maj-Gen. Kyaw Than. (NLM 12/1)Chinese Conference Chairman

Dec. 8: Chairman Mr. Li Ruihuan of the Chinese People'sPolitical Consultative Conference (CPPCC) and party arrived byspecial flight at the invitation of Vice-Chairman of the State Lawand Order Restoration Council Deputy Commander-in-Chief of DefenceServices Commander-in-Chief (Army) Gen. Maung Aye. The Chairman wasaccompanied by Secretary-General Mr. Zhu Xun of the CPPCC, Members ofthe CPPCC Standing Committee Mr. Jing Shuping and Mr. Liu Bingsen,CPPCC member Mr. You Deqing, Vice-Minister of Foreign Affairs Mr.Tang Jiaxuan and other officials. Vice-Chairman of the State Law andOrder Restoration Council Deputy Commander-in-Chief of DefenceServices Commander-in-Chief (Army) Gen. Maung Aye hosted a dinner forthe delegation, at which speeches were exchanged [full texts in NLM].

The SLORC Vice-Chairman noted that SLORC Chairman SeniorGeneral Than Shwe would be visiting China in the near future, andthat both visits would provide further consolidation of Paukphaw[cousinly -- a term reserved for China-Myanmar relations] friendship.

The Chinese visitor responded noting the long history of China-Myanmar relations, since Myanmar became one of the first countries toestablish diplomatic ties with the People's Republic of China. "Ourveteran leaders such as Chairman Mao Zedong, Premier Zhou Enlai andGeneral Ne Win forged profound friendship in struggles to safeguardindependence and peace in the respective countries." He noted that"Peoples of the nations have the right to freely choose socialsystems and paths of progress that suit the conditions of theirrespective nations. In this connection, no nation has the right tosay this or that and interfere; no one has the right to dictate hiswishes to others by force" and went on to praise the Five Principlesof Peaceful Co-existence. (NLM 12/9)

Dec. 11: The Chinese delegation met with Myanmar Ministers atthe International Business Centre. Those present included DeputyPrime Minister Vice-Adm. Maung Maung Khin, Deputy Prime Minister Lt-Gen. Tin Tun, Minister for Progress of Border Areas and NationalRaces and Development Affairs Lt-Gen. Maung Thint, Minister for HomeAffairs Lt-Gen. Mya Thin, Minister for National Planning and EconomicDevelopment Brig-Gen. Abel, Minister for Foreign Affairs U Ohn Gyaw,Minister at the Prime Minister's Office U Than Shwe, and DeputyMinister for Foreign Affairs U Nyunt Swe. The Chinese CPPCC Chairmancalled on SLORC Chairman Senior General Than Shwe. He also touredsights in Yangon. (NLM 12/12)

Dec. 12: The delegation departed for home. (NLM 12/13)Israeli Agriculture Official

Dec. 8: Director Mr. Avraham Goldstein of Cinadco of theMinistry of Agriculture of Israel and Chairman Mr. Ami Shaham of

Arava Co. called on Minister for Agriculture Lt-Gen. Myint Aung todiscuss the sending of more on-the-job trainees to Israel andconducting courses. Mr. Goldstein later met with 15 members of theMyanmar Agriculture Service who had attended training in Israel; 40Ministry of Agriculture personnel are currently in Israel. (NLM 12/9)Chinese Air General

Dec. 14: Deputy Commander-in-Chief (Air) Lt-Gen. Xin Dianfengof China and delegation was received by Vice-Chairman of the StateLaw and Order Restoration Council Deputy Commander-in-Chief ofDefence Services Commander-in-Chief (Army) Gen. Maung Aye; later hecalled on Minister for Transport Lt-Gen. Thein Win. (NLM 12/15) //Dec. 18: He visited Mandalay and PyinOoLwin. (NLM 12/19)MYANMAR DELEGATIONSStudy Delegations

Dec. 6: Director U Myint Than Aung of the Information andPublic Relations Department left for Kuala Lumpur, Malaysia, to studymass communication, news dissemination, and library systems. (NLM12/7)

Dec. 14: Editor U Win Naing of The New Light of Myanmar leftfor New Delhi to attend the 26th Diploma Course in News AgencyJournalism for Non-Aligned Nations. (NLM 12/15)Delegations to Meetings & Events

Dec. 3: Editor U Tin Maung Than of The New Light of Myanmarleft for Bangkok to attend World-tech '95. (NLM 12/4) // Dec. 11: Hereturned. (NLM 12/12)

Dec. 10: A delegation led by Director (Production) Daw NangNoot of the Information and Public Relations Department left forHanoi, Vietnam, to attend a meeting of experts in drug abusereduction in Asia and the Pacific Region from Dec. 11-15. She wasaccompanied by U Maung Maung Swe of the Mandalay RehabilitationCentre. (NLM 12/11)

Dec. 11: Assistant Director Daw Malar Tin of the CentralStatistical Office left for Thailand to attend the Dec. 12-15 ExpertGroup Meeting to Review Computerization Development in the PublicSector. (NLM 12/ 12)

Dec. 15: A delegation led by Joint Secretary U Win Maw of theMyanmar Industrial Development Committee (and Director-General of theAgricultural Mechanization Department) left for Bangkok to attend theSpain Expo Tecnia 95, sponsored by Hannover Fairs Asia Pte. Ltd.Other members are Managing Director U Ye Tun of Technical Services,Ministry of Industry-2, and Director U Tin Aung and Manager U KhinMaung Myanmar Heavy Industries No. 2. They were accompanied byrepresentatives of the Myanmar Chamber of Commerce and Industry, andby Managing Director Daw Tin Tin Hlaine and members of the Board ofDirectors of Eagle Business Development Co. Ltd., which arrangedMyanmar participation. (NLM 12/16)

Dec. 15: A delegation led by Minister for Social Welfare,Relief and Resettlement Maj-Gen. Soe Myint left for Japan to attendthe Asia and Pacific Regional Conference on Reduction of NaturalDisasters to be held in Kobe on Dec. 17-18. He was accompanied byDirector-General U Saw Thein of Relief and Resettlement and his PSOCapt. Tun Lin. (NLM 12/16) // Dec. 23: The delegation returned. (NLM12/24)Religious Delegations

Dec. 22: A Myanmar Buddhist delegation led by Secretary Sayadawof the State Sangha Maha Nayaka Committee Agga Maha Pandita BhaddantaKumara left Dec. 21 for Bangladesh to attend religious rites. Inincludes the Joint Secretary's disciple monk, Director U Kaut Tin ofthe Religious Affairs Department, Assistant Director U Than Win ofthe Department for Promotion and Propagation of the Sasana, and threenuns from the Thameikdawdhaya Myanaung Nunnery. (NLM 12/23) // Dec.

29: The delegation returned. In Chittagong, the delegation attendedthe ordination of 122 monks and 62 nuns on Dec. 22 and 37 monks onDec. 23. The Secretary Sayadaw delivered a sermon to 1,000 in Cox'sBazaar on Dec. 24, to 3,000 in Ywadaw on Dec. 25, and to 3,000 at theresidence of the Myanmar Ambassador in Dhaka on Dec. 26. (NLM 12/30)Gen. Than Shwe at ASEAN Meeting

Dec. 11: SLORC Chairman Senior General Than Shwe will attendthe meeting of ASEAN Heads of Government meeting in Bangkok on Dec.15, as well as the Heads of Government of Cambodia, Laos, and Myanmarmeeting. (NLM 12/11)

Dec. 13: SLORC Chairman Senior General Than Shwe and a goodwilldelegation left to attend the meeting of ASEAN Heads of Government,at the invitation of Thai Prime Minister Mr. Banharn Silpa-Archa. Onarrival in Bangkok, they were greeted by Thai Deputy Minister of theInterior Mr. Somchai Montreewat and others, and went to GovernmentHouse for a formal welcoming ceremony presided over by Thai DeputyPrime Minister Mr. Somboon Rahong, the Mayor of Bangkok, and otherofficials. (NLM 12/14)

Dec. 16: On Dec. 14 SLORC Chairman Senior General Than Shweparticipated in the ceremonial events prepared for the ASEAN Heads ofGovernment and the Heads of Government of Laos and Cambodia,including an audience with the Thai monarch and dinner given by ThaiPrime Minister Mr. Banharn Silpa-Archa. At the dinner he wasaccompanied by SLORC Secretary-1 Lt-Gen. Khin Nyunt, Minister forForeign Affairs U Ohn Gyaw, Minister for Information Maj-Gen. AyeKyaw, Minister at the SLORC Chairman's Office Lt-Gen. Min Thein,Myanmar Ambassador to Thailand U Tin Win and other Myanmar officials.

On Dec. 15, the Myanmar delegation called on the Thai PrimeMinister. The formal ASEAN/Laos/Myanmar/Cambodia meeting was held,and was addressed by the various Heads of Government, including SLORCChairman Senior General Than Shwe [see below]. The Thai PrimeMinister gave a lunch, following which the ASEAN Signing and ClosingCeremony was held.

The South-East Asia Nuclear Weapon Free Zone Treaty wasformally signed by the Heads of Government of Malaysia, Philippines,Singapore, Thailand, Vietnam, Brunei, Indonesia, Cambodia, Laos, andMyanmar. In the evening the Myanmar Embassy hosted a dinner for theSLORC Chairman.

On Dec. 16, the Myanmar delegation flew home to Yangon. [fullpage of photos] (NLM 12/17)

Dec. 17: In Bangkok, SLORC Chairman Senior General Than Shwemet separately with the Heads of Government of the Philippines,Vietnam, and Thailand. He also met with Thai Deputy Prime Ministerand Defence Minister Gen. Chavalit Yongchaiyudh, and with DeputyCommander-in-Chief of the Thai Army Gen. Chatter Thanar Jaro.Minister for Foreign Affairs U Ohn Gyaw held a press conference. (NLM12/18)Sen-Gen. Than Shwe's ASEAN Speech Dec. 16: On Dec. 15, SLORC Chairman Senior General Than Shweaddressed the ASEAN Heads of Government Meeting [full text]:Mr. Chairman,Your Majesty,Excellencies,

I deem it an honour and a pleasure to have this opportunity toparticipate in the historic meeting of the Heads of Government of theten South-East Asian nations. I would also like to express our deepappreciation to the host country, the Government and people ofThailand for the warm welcome and generous hospitality extended to usand for the excellent arrangements made for this meeting.

The end of the Cold War has brought new prospects and newchallenges. It has also imparted new dimensions, new trends and newdirections in the relations between States as well. One of the newfeatures has been the impetus for more cooperation and consolidationamong the nations of the different regions of the world. In this

regard, we are happy to note that our region, South-East Asia, istaking the lead.

Peace, tranquillity and solidarity among the nations of theregion is achieving heights never attained before in history. It isindeed heartening to be in the midst of all the leaders of South-EastAsia who are gathered here for the first time with a commonaspiration to work together for a future of peace, progress andprosperity in the region.

In fact, South-East Asia continues to enjoy relative peace andstability while some parts of the world are still entangling withconflicts and instabilities. As political stability goes hand in handwith economic development the economies of the countries in theregion continue to register a relatively high growth rate. Thesepositive factors are attributed to the trend of ever increasingcooperation among nations in South-East Asia with ASEAN in theforefront. To further complement this, a development strategy is tobe drawn up to enable to share technology among South-East Asiannations within the framework of South-South cooperation.

Myanmar, as a South-East Asian country, maintains friendlyrelations with all the countries in the region with a strongcommitment to achieve regional peace and stability. When ASEAN wasfounded in 1967, Myanmar was not able to join the Association due toprevailing circumstances at that time though she enjoys close andcordial relations with all ASEAN members. However, since that time,the end of the Cold War has brought about fundamental changes ininter-state relations. AT the same time, the introduction ofpolitical and economic reforms in Myanmar characterized by thetransformation from the centrally planned economy to a market-oriented economy, and the building of a multi-party democraticsociety, has created conditions for more dynamic cooperation with theASEAN. With this in mind we have acceded to the Treaty of Amity andCooperation during the last ASEAN Ministerial Meeting in Brunei. Wehope that Myanmar will be accorded observer status in the Associationat the forthcoming AMM Meeting in 1996.

We are pleased to note that since its inception 28 years agoASEAN has grown in number as well in areas of cooperation. As all tencountries of South-East Asia have now become signatories to theTreaty of Amity and Cooperation, which marks the beginning of a newchapter in the relations among countries in South-East Asia, it ishoped that a genuinely harmonious, peaceful and prosperous South-EastAsia -- 10 under one roof will come into existence in the not toodistant future.

The solidarity that we speak of is one of unity in diversity.We have a common vision of shared destiny but we must also realizethat each of our own countries have their own unique features, uniquebackground and unique culture. However, it is our belief that thisvery diversity can lend greater cohesion and greater strength. Bybringing together individual resilience, we can also bring aboutstronger unity. At the same time, the relations between the nationsof the region must be based on mutual respect, understanding andequality. If there is to be a genuine cohesion, there cannot be twoSouth-East Asias, one for certain countries and another for otherswho may have different backgrounds or levels of development. Myanmaris confident that if we all work together in unity, the essentialsare already there for our region to play a significant role in theworld at large. Myanmar looks forward also to contributed towardsregional development.Excellencies,

Myanmar with a population of 45 million and a total land areaof over 260,000 square miles has abundant natural resources. Basedupon these potentials, we in Myanmar are building a new moderndeveloped nation, while preserving and safeguarding at the same timeits cultural heritage and national character. We are takingdetermined strides in economic development in our efforts to catch upwith our neighbours in South-East Asia in promoting the livingstandards of our people. In doing so we have laid down political,

economic and social objectives corresponding to our prevailingcircumstances and future needs.

As such, a new modern developed nation is to be established inaccord with the new State Constitution which is now in the process ofdiscussion leading to drafting. Since Myanmar is a Union of more thana hundred different national races, national reconsolidationconstitutes one of the most important political objectives.Development of agriculture as the base and all-round development ofother sectors of economy is one of the economic objectives. With theevolution of market-oriented economic system, technical knowhow andinvestments are to be invited while the initiative to shape thenational economy is to be kept in the hands of the State and nationalpeoples. Myanmar's relations with all countries in the world areconducted in accordance with these objectives. Being a foundingmember of the Non-Aligned Movement, the Five Principles of PeacefulCo-existence form the basis of Myanmar's foreign policy and arefirmly adhered to as principal guidelines in its internationalrelations. These principles also accordingly guide Myanmar in itsrelations at bilateral and regional levels with South-East Asiancountries, which composed of members of ASEAN and the Non-AlignedMovement.Excellencies,

We are now approaching the end of the twentieth century as weprepare ourselves for a new era of regional integration. I believethat South-East Asia will become the most dynamic and promisingregion in the world in no time if we strive, individually andcollectively, to promote peaceful cooperation among ourselves on thebasis of mutual respect and mutual benefit and exert all efforts tocreate a true South-East Asian community in accordance with theprinciples of self-determination, sovereign equality and non-interference in the internal affairs of nations. On our part, we willactively contribute our share with a firm determination to meet newchallenges in the twenty-first century in the process of regional andglobal integration.

In conclusion, may I once again express my profound gratitudeto the Government and people of Thailand for the warm receptionaccorded to us throughout our stay in Thailand and for the tirelessefforts made for this meeting to be successful.

Thank you.(NLM 12/17)Delegations Return

[Return of delegations whose departure was noted in earlyissues, or whose departure NLM did not cover]

Dec. 2: The 11-member delegation led by Deputy Director-Generalof Information and Public Relations Department U Aung San returnedfrom the Environment Conversation Programme in Singapore. (NLM 12/3)

Dec. 2: Deputy Minister for Mines U Myint Thein returned fromthe Pacific Rim Congress '95 in Auckland, New Zealand. (NLM 12/3)

Dec. 7: The delegation led by Director (News) U Hla Tun (HlaTun-Twantay) of the News and Periodicals Enterprise returned from theNov. 30-Dec. 3 Intellectual Conference of Writers and Intellectualsin Islamabad, Pakistan. (NLM 12/8)

Dec. 11: The delegation headed by Minister for ConstructionMaj-Gen. Saw Tun returned Dec. 7 from the Nov. 27-29 InternationalConference on Human Resettlement for Poverty Reduction in Indonesia;it also visited Singapore and Malaysia. 13 countries, including Laos,Cambodia, Namibia, Vietnam, and Myanmar submitted papers; that fromMyanmar was "on a newly adopted system of resettling hut dwellers inapartment buildings and development services for border areasundertaken extensively." (NLM 12/12)

Dec. 11: The delegation led by Myanmar Permanent Representativeto UNIDO (United Nations Industrial Development Organization) U WinAung attended the Ministerial Meeting of the Least DevelopedCountries in Vienna from Nov. 30-Dec. 8 and the Sixth GeneralConference of UNIDO from Dec. 4-8. U Win Aung delivered a speech to

UNIDO on Myanmar efforts to encourage agriculture based industry.(NLM 12/12)

Dec. 28: Myanmar delegation members returned from the 50thSession of the United Nations General Assembly, which adjourned Dec.23. (NLM 12/29)MYANMAR GAZETTEAppointments

The SLORC appointed the following:Dec. 12: Col. Thaung Wai (BC/11205), Tactical Operations

Commander of NO. 33 LID, to be a member of the Yangon CityDevelopment Committee. (NLM 12/13)Appointments Confirmed

The SLORC confirmed the following appointments, after one yearof probation:

Dec. 27: U Soe Thein as Managing Director, Myanma Hotels andTourism Services, Ministry of Hotels and Tourism.

U Khin Maung Oo as Managing Director, Inspection and AgencyServices, Ministry of Trade.

U Win Han as Director-General, National Archives Department,Ministry of National Planning and Economic Development.

U Hla Aung as Director-General, Road Transport AdministrationDepartment, Ministry of Rail Transportation. (NLM 12/28)MILITARYSurrenders by Armed Group Members

Dec. 11: Two members of the BCP (White Flag) Rakhine armedgroup, and seven family members, returned to the legal fold Dec. 10in Kyee Kan Byin. (NLM 12/12)

Dec. 19: Between Nov. 1-15, 19 members of various armed groupsreturned to the legal fold at Tatmadaw camps [names and details].(NLM 12/20)

Dec. 23: Two members of the Kayin armed group returned to thelegal fold on Nov. 24 at Palauk camp in South-East Command. (NLM12/24)

Dec. 26: Two members of the Kayin armed group returned to thelegal fold Dec. 12 at Ale Mun Camp in the South-East Command. Amember of the Kalazo armed group (Nurul Lok group) returned to thelegal fold at Immigration Control Command on Nov. 9. [Names anddetails] (NLM 12/27)

Dec. 27: Between Nov. 19-27, 14 members of various armed groupsreturned to the legal fold [names and details]. (NLM 12/28)

Dec. 27: 11 members of the Loimaw (MTA) group returned to thelegal fold on Dec. 12 at Wanhut camp in Laikha Township; five membersreturned at the same place on Nov. 26. (NLM 12/28)GOVERNMENTStatement on Human Rights

Dec. 13: On Dec. ll, Myanmar Permanent Representative to theUnited Nations U Win Mra presented the following statement on thedraft Resolution on "Situation of Human Rights in Myanmar" in theThird Committee of the Fiftieth Session of the United Nations GeneralAssembly [full text]:Mr. Chairman,

I thank you for giving me the opportunity to set out mydelegation's position on draft resolution A/C.3/50/L.52 entitled"Situation of human rights in Myanmar".

First of all, my delegation would like to present someobservations on the tone and tenor of the draft resolution before us.You may recall that the General Assembly resolution on the "Situationof human rights in Myanmar" (49/197) adopted last year was selective,intrusive and contained many negative elements. References to a few

positive developments in that resolution were done so grudgingly thatthe thrust of the text as a whole was rendered negative. Accordingly,my delegation was compelled to reject all the negative elementscontained therein.Mr. Chairman,

Compared to last year's resolution, the overall thrust of thisyear's draft appears to be more balanced and positive. However, it isregrettable that, the draft retains some negative elements from lastyear's resolution. My delegation does not believe that portrayal ofthe situation in a Member State in a purely negative light will serveany useful purpose. It will only be counter-productive.

My delegation feels that, the draft resolution, despite itspositive thrust, remains selective in the portrayal of the situationin Myanmar. In our view, the draft does not accurately reflect theprevailing situation. In addition to the developments contained inthe draft before us, Myanmar has witnessed other positive changes aswell. Furthermore, the government has taken and continues to takeconcrete steps to advance the process of national reconsolidation,democratization and socio-economic development of the country. Thesepositive elements are outlined in the Memorandum contained indocument A/C.3/50/9. The facts have been brought to the attention ofthis august gathering by Myanmar's representative to the ThirdCommittee on 30 November 1995.Mr. Chairman,

It is vitally important to perceive a country's situation inits true perspective. Differences in perceptions, misconception andignorance of the true situation can lead to misrepresentation of acountry's situation. We are convinced that only through a spirit ofcooperation and understanding can the international community behelpful in the promotion of human rights. Any other approach is boundto be counter-productive and will not serve any useful purpose.

In view of the above, it is imperative to promote cooperationand understanding among Member States. My delegation fervently hopesthat the true situation in Myanmar will be recognized. To that end,the Government of Myanmar will continue to cooperate with the UnitedNations in every possible way.Mr. Chairman,

I would now like to state the principled position of mydelegation on some of the elements contained in the draft.

My delegation's position can be stated succinctly. Mydelegation rejects all the negative elements in the draft before us.I will explain why.[National League for Democracy and Daw Aung San Suu Kyi]

There is a reference in the draft to the recent developments inthe composition of the National Convention. In this regard, mydelegation would like to inform the Committee that these developmentsare the result of a premeditated and unilateral action of onepolitical party to mar the success achieved so far by the NationalConvention.

Regarding the release of Daw Aung San Suu Kyi, my delegationwishes to reiterate that the government lifted the restrictionsplaced on Daw Aung San Suu Kyi in accordance with the law under whichlegal action had been taken against her.

Ritualistically enough, the draft before us continued to referto various allegations of human rights violations such as killingcivilians, arbitrary arrests and detention, restrictions on freedomof expression and association, etc., as contained in preambularparagraph 8. These references clearly aim to portray the Governmentof Myanmar as systematically engaged in human rights violations. Thedelegation of Myanmar has repeated stressed on various occasions andin various forums that it has never been the policy of the governmentto condone the violations of human rights. In connection with theparticular allegations stated in the paragraph under reference, thegovernment has already presented its replies to Professor YozoYokota. To our regret, Professor Yozo Yokota accentuated the negativeelements in his presentation, which shows lack of balance and

professionalism. Our delegation rejects these allegations.[Forced labour]

Allegations of forced labour have no basis of truth. Thecivilian labourers are recruited and employed in accordance with theVillage Act of 1908 and the Towns Act of 1907. However, we are notinsensitive to the concerns of the international community and at therecommendation of the International Labour Organization, theGovernment has started the process to amend the two laws to bringthem in line with Convention No. 29. We regret that this positiveaction has not been accorded due recognition. I would like to apprisethe Committee that the development projects for which labour wasemployed by the Government are solely for the benefit of the peopleliving in the region concerned. It is the people who live in theseregions and who have contributed labour who enjoy the fruits of theseprojects. The people are remunerated equitably for their services.[Dialogue]Mr. Chairman,

Reference to the need for a substantive dialogue in the draftresolution is irrelevant in the light of the on-going NationalConvention process. The widest representative character of thisprocess is evidenced by the participation of 8 categories ofdelegates including the representatives of the national races.Furthermore, representatives of the 15 armed groups which havereturned to the legal fold have been accorded the opportunity toparticipate in the political process, and there has never been such awidely-representative political process in the post-independencehistory of Myanmar and the National Convention is the only means bestsuited to the present-day realities and the aspirations of the entirenation. Myanmar is now in the process of national reconsolidation.With the momentum and achievement already gained by the NationalConvention at present, demands for a dialogue under thesecircumstances are unwarranted, and not in consonance with thereality. I want to stress here that the National Convention willcontinue according to its original arrangements and on the basis ofthe achievements obtained so far.[International Red Cross]Mr. Chairman,

Reference to ICRC in the draft is drawn from General Assemblyresolution 49/197, and the relevant paragraph does not represent thetrue situation. As stated in the Report of the Secretary-General andthe Government's replies contained in document A/50/568, negotiationswith the ICRC for the signing of the Memorandum of Understandingbetween the Government of Myanmar and the ICRC have not beencompleted. The Myanmar side has already intimated to ICRC itsreadiness to continue the discussion in this regard. My delegationconsiders that this paragraph should be formulated in a more positiveterm reflective of the true situation.[Karens & other insurgents]Mr. Chairman,

Reference to the alleged attacks by the Myanmar army on the"Karens" and the "Karennis" is not a true representation of thesituation. However, my delegation is appreciative of the recognitionaccorded in the draft to the return to the legal fold of 15 out ofthe 16 armed groups. A point worth mentioning in this regard is thatit is not just a mere conclusion of so-called "ceasefire agreements"as stated in the draft. The return to the legal fold of 15 armedgroups is unprecedented in the post-independence history of Myanmarand is an achievement which had eluded all previous governmentsdespite their serious attempts. More than that, these armed groupsare working together with the Government for the development of theirrespective regions which, [sic] contribute in a substantial way tonational reconsolidation. This development is all the moresignificant given the fact that Myanmar is composed of 135 nationalraces.

The true situation in Myanmar is not accurately conveyed in theinternational media. The country is undergoing tremendous changes in

political, economic and social fields and all these changes are forthe betterment of the life of its citizens and the development of thenation. At this critical juncture in our history, the internationalcommunity should seek to promote and encourage these positivedevelopments. Distinguished delegates may wish to avail themselves ofthe "Visit Myanmar Year 1996" to travel there to observe firsthandthe vast transformations taking place in the country.Mr. Chairman,

Finally, I would to clarify our position on operative paragraph19 of the draft before us. It is my government's consistent policy tocontinue to cooperate with the UN to the fullest extent possible.Notwithstanding this, I would like to reiterate my government'sposition that the role of the Secretary-General as envisaged inoperative paragraph 19, is to be implemented in a manner consistentwith the time-honoured principle laid down in Article 2, paragraph 7of the UN Charter. I also want to stress again that the on-goingNational Convention process in Myanmar is a matter that essentiallyfalls within the domestic jurisdiction of my country. My governmentwill not accept any disruption of the on-going political process.Mr. Chairman,

In view of the reasons stated above, there exists no raisond'etre for the continued consideration of the situation of humanrights in Myanmar.

To those delegations who have shown their understanding andsense of fairness towards our position, I wish, on behalf of mydelegation, to express our appreciation.

Thank you.(NLM 12/14)ECONOMICEconomic Articles

Dec. 9,14,18,20: A forward step to Japan to promote Myanmartourist industry, by Nyunt Nyunt Than (Myanmar Travels and Tours).[Account of visit to Japan by 32 Myanmar tourism officials beginningOct. 12.]Trade Fairs

Dec. 3: Myanmar Business Conference 1995, jointly sponsored bythe Ministry of Trade and by Foreign Business Centre Services Pte.Ltd. of Singapore, will be held Dec. 12-14 at the Inya Lake Hotel,Yangon. [advertisement] (NLM 12/3) // Dec. 12: the Conference opened,and was addressed by Minister for Trade Lt-Gen. Tun Kyi, who saidforeign investment in Myanmar not totals over three billion dollars.(NLM 12/13)

Dec. 3: Myanmar Machinery Expo '95 will be held Dec. 5-8 at theYangon Convention Centre (Tatmadaw Hall) on U Wisara Road. "Over 70Machinery Producers, Companies and Industrial Corporations fromAustria, China, France, Germany, Hong Kong, Italy, Indonesia, India,Japan, Malaysia, Singapore, Thailand, U.K., and U.S.A. will beparticipating." Organizers: CP Exhibition (Hong Kong), Silver KrisCo. (Myanmar), and U Shein Win. [advertisement] See us at WoodworkingExpo '95, Yangon, Stand 10-3." Specialists in new and usedwoodworking machinery: Calder Wilkinson Ltd. of West Yorkshire,England. [advertisement] (NLM 12/4) // The Expo was previewed bySLORC Chairman Senior General Than Shwe. A press conference was held;90 industrial companies are displaying machinery used in "manufactureof textile and garment, shoe and leather, woodworking, plastic andrubber, packprint [sic] and food processing." (NLM 12/5) // Dec. 5:The Expo opened. (NLM 12/6) // Dec. 8: On the final day, over 20,000people visited the Expo. "Some entrepreneurs and organizations signedpurchase agreements." (NLM 12/9) Project Inaugurations

Dec. 2: A K 900,000 equestrian statue of Maha Bandoola wasinaugurated on Bogyoke Street, Kalay Township. (NLM 12/3)

Dec. 3: Minister for Agriculture Lt-Gen. Myint Aung andMinister for Industry-2 Maj-Gen. Kyaw Than attended "a ceremony toform the Mawlamyine Industrial Zone and assign duties" in that city.(NLM 12/4)

Dec. 20: The triple-decker riverboat Pammawady-1, purchasedfrom China, was inaugurated in the Yangon-Pathein service. The 46-metre boat can carry 32 passengers in first class, 20 in second, 60in third, and 108 deck passengers, as well as 60 tons of cargo. (NLM12/21)

Dec. 21: The ferryboat Bala Kyawhtin was launched by SLORCSecretary-1 Lt-Gen. Khin Nyunt, and will ply between Yangon andMawlamyine. The 45-meter boat can carry 25 first class and 250 deckpassengers, and 30 tons of freight. (NLM 12/22) // Dec. 24: Itarrived Dec. 21 at Mawlamyine on its inaugural voyage. (NLM 12/25)

Dec. 24: A new extended runway was inaugurated at KawthoungAirport, Taninthayi Division, by SLORC Secretary-1 Lt-Gen. KhinNyunt. It now measures 6,000 feet by 150 feet, and cost K 433.8million. The Secretary warned against subversion. "He said adoptedsons and daughters of the colonialists now under external influenceare attempting to cause the disintegration of the Union and loss ofindependence while the government is convening the NationalConvention.... They are moving to cause disruption of the NationalConvention without seeing to national wellbeing, only for theirparty's interest, he noted." (NLM 12/25)

Dec. 28: The Nyaungdan Wharf of Annawa International FisheriesHolding Ltd. was inaugurated in Pazundaung Township; it can handleeight trawlers simultaneously. (NLM 12/29)

Dec. 28: An Industrial Zone was opened in Myeik, with DeputyMinister for Industry-2 U Saw Tun and others present. (NLM 12/29)

Dec. 30: The last five of 14 triple-decker boats purchased fromChina were received: Banya U, Banya Lat, Bala Min Din, Myat Thanda,Shwe Keinnari. They will operate on the Yangon-Mandalay, Mandalay-Bagan, and Yangon-Delta routs. A second agreement to buy 30 boats wassigned in 1994, and the first consignment of six will arrive inJanuary 1996. Altogether, IWT has ordered 72 boats. (NLM 12/31)Business Openings

[This is a new category, to include reported significantopenings of domestic private business ventures, outlets, etc. --formerly included under Project Inaugurations.]

Dec. 1: Minister for Transport Lt-Gen. Thein Win inspected thefinal consignment of five riverboats, out of a total of 42) deliveredby the Yunnan Machinery Import and Export Corporation of China, underan interest-free loan of $ 30 million. The Myathanda cruise boat willply the Yangon-Mandalay route; the Shwekeinnari cruise boat will plybetween Mandalay and Bagan; the double-deckers Balaminhtin, Banyalat,and BanyaU will operate along rivers in the Ayeyawady Division. (NLM12/2)

Dec. 3: A Toyota Authorized Service Station opened at 87-A KabaAye Pagoda Road, Yangon, in the presence of Minister for NationalPlanning and Economic Development Brig-Gen. Abel, Director Mr. TokuoOgawa of Toyota Motor Corp., Director Mr. Masaaki Fukuhara of ToyotaTsusho Corp., and U Zye Zaw of Aye & Sons Ltd. (NLM 12/4)

Dec. 11: Managing Director U Thaung Tin opened the Sales andService Centre of KMD Computer Ltd. British Cultural Attache Mr.Chris Harrison awarded certificates to persons passing the NNC andLCCI international level examinations. (NLM 12/11)

Dec. 15: J & B (Justerini & Brooks) Whisky opened its Myanmaroutlet, run by Mr. Simon Barstow, with a reception at Lime Light FunPub at 37 Shwetaunggyar Street. (NLM 12/16)

Dec. 15: A furniture factory built by Yangon Wood IndustriesLtd. (YWIL) was inaugurated on Bayintnaung Road, Ward 4, HlineTownship, Yangon, by Minister for Forestry Lt-Gen. Chit Swe.Established with a 100% investment of $3 million by YWIL of France,20% will be transferred to Myanma Timber Enterprise after five yearsof operation, and the share will be increased to 49% after another

five years, leaving a 49-51% joint venture between MTE and YWIL. Thefactory requires 200-400 tons of logs per month, to be furnished byMTE. It will upgrade its output from parquet and semi-finishedproducts to furniture, etc. Chairman U Mazahi of YWIL and FrenchCharge d'Affaires Oliver Vaysset spoke. (NLM 12/ 16)

Dec. 20: Minister for Trade Lt-Gen. Tun Kyi "inspectedproduction of pianos" at Myanmar Recording Studio, 15 ShwedagonPagoda Road, and was briefed on "local production of pianos andcomparisons with those of foreign make." The Studio was sent up bythe Ministry of Trade, and its profits are used for religious andsocial purposes. (NLM 12/21)

Dec. 21: The 40-room Eastern Hotel opened at 194-196 Bo MyatTun Street in Pazundaung Township. (NLM 12/22)

Dec. 21: The Mitsubishi Electric Showroom and Sale Center ofPeace Myanmar Electric Co. Ltd. opened at 216 Bo Aung Kyaw Street.Mitsubishi Regional Marketing Manager Mr. Phua Yong Sang ofMitsubishi Electric Asia Coordination Centre and others participated.(NLM 12/22)

Dec. 22: Minister at the Prime Minister's Office Brig-Gen. LunMaung attended the "soft opening" of the Novotel Hotel in Mandalay;also speaking were Managing Director U Thant Zin Tun of L.P. HoldingCo. Ltd., Mr. Panichboon of L.S. Group, Thailand, and General ManagerMr. Roland Svensson of Novotel Hotel (Mandalay). (NLM 12/23)

Dec. 25: The Phu Pwint Thit Co. Ltd. of the Myanmar PoliceForce and three private companies opened shops in the MPF's buildingon the corner of Bogyoke Aung San Street and Shwe Bon Tha Streets;SLORC Secretary-2 Lt-Gen. Tin Oo and Minister for Home Affairs Lt-Gen. Mya Thin and others attended. The three other stores are SuperOne Super Market, American Vision, and Wi Tha Kha Company. (NLM12/26)Advertisements===========================================TIGERRUMNOTHING COMES CLOSE TO ITTel: 01-61209/61943===========================================

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Dec. 2: Advertisement from Indian Airlines Limited announcingtwice-a-week air service between Yangon and Calcutta, with Flight IC-227 leaving Calcutta at 1530 hours on Thursday and Sunday, and FlightIC-228 leaving Yangon at 1855 hours. ===========================================

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Nov. 30: A Memorandum of Understanding was signed between theDirectorate of Hotels and Tourism and the Shweli District EconomicCommission of Yunnan Province for the construction of a 350-roomhotel on an island in the Shweli River in Namhkam Township, Myanmar.The Hotel will cost 50 million yuan and be completed within 18months. (NLM 12/1)

Dec. 8: A BOT contract was signed between the Directorate ofHotels and Tourism and Bagan Hotel Co. Ltd., represented by ManagingDirector Mr. Kurt Wachveitl, for the construction of the MandarinOriental Bagan Resort Hotel in Bagan-NyaungU Township, MagwayDivision. Bagan Hotel Co. is owned by Mandarin Oriental Hotel Co. ofThailand, which has invested $23 million in the project for a 120-room five-star hotel to be opened in 24 months. Minister for Hotelsand Tourism Lt-Gen. Kyaw Ba attended and spoke. (NLM 12/9)

Dec. 13: A Joint Venture and Shareholder's Agreement was signedbetween Myanmar Port Authority and Allied Container Services Pte.Ltd. of Singapore, represented by Managing Director Mr. Lim QueeHuat, to form MPA-Allied Yangon Inland Container Depot Ltd. Alsopresent was Allied Director Mr. Lim Kian Chin. Myanma will hold 51%of the shares and the Singapore Company 49%. The Joint Venture willcomplete the first phase of constructing an inland container depot in6 months at Botahtaung Port, to be able to handle 3,500 containersimultaneously. Speaking at the occasion, Minister for Transport Lt-Gen. Thein Win said that in the Port of Yangon, "conventional generalcargo has a growth rate of 20 to 40 percent in the last five yearsand containerized cargo has also grown between 70 to 80 percent inthe same period." (NLM 12/14)

Dec. 14: A Memorandum of Understanding was signed between theDepartment of Civil Aviation, represented by Director-General U TinAye, and Italian-Thai Development Public Co. Ltd., represented byChairman Mr. Premchai Karnasuta, for the design and construction ofMandalay International Airport. (NLM 12/15) // Dec. 15: A dinner atthe Strand Hotel in Yangon celebrated the occasion. (NLM 12/16)Business Courses

Dec. 19: Course No. 3/95 for Heads of Purchase Centres, closed,and Course No. 4/95 opened; each had 51 trainees. Minister for TradeLt-Gen. Tun Kyi gave an address. (NLM 12/20)

Dec. 27: Evening sessions of the English Proficiency Course forEntrepreneurs will begin at the Department of Trade in mid-January.(NLM 12/28)Banking

Dec. 5: An Exchange Center for Foreign Exchange Certificateswill open Dec. 8 at 99/103 Theinbyu Street, Botahtaung Township,

Yangon, where FECs can be exchanged with Myanmar currency. "Therewill be ten FEC exchange counters to be run by only ten entrepreneurswho have been issued licenses for the purpose. Free exchange of FECswill be allowed at the building. Effective action will be taken ifFECs are exchanged at other places." (NLM 12/6) // Dec. 8: The centerwas opened by Minister for Finance and Revenue Brig-Gen. Win Tin."He pointed out that due to the extensive use of FECs, the marketrate for US dollar has become stabilized, although it had been risingprevious to the issuance of FECs [in 1993].... Therefore, the Centrefor Sale and Purchase of FECs in Kyats is opened for allowing FECtransactions in kyats as it is believed that it will eliminate theinformal market and orderly transaction in FECs can be made, hesaid.... The Minister also urged Authorized FEC Changer LicenseHolders not to take undue advantage of ignorant foreigners andMyanmar nationals. Intervention will be made, he said, if it islearnt that there is unfairness and disorders...." (NLM 12/9)

Dec. 14: A meeting of officials and bankers was held to discussJoint-Venture Banking in Myanmar. Minister for Finance and RevenueBrig-Gen. Win Tin laid down the guidelines:

"The first prerequisite is presence of a representative officeof a foreign bank in Myanmar. Therefore, foreign banks which haverepresentative offices in Myanmar, are eligible for entering intojoint venture with our local private banks.

"Non-bank institution or person will not be allowed to formjoint venture bank. It means that foreign bank cannot form jointventures with local non-bank institutions or entity, and local bankscannot form joint ventures with foreign non-bank institutions.

"The second requisite is it must be a joint venture betweenforeign bank and local private banks.

"With regards to equity participation, as defined by theForeign Investment Law, a foreign investor who is joining with localinvestors must contribute at least 35 per cent of equity capital.Therefore, the third requisite is that foreign banks must own atleast 35 per cent of share capital in the joint venture.

"Share ratios of equity participation can be negotiated betweenthe two parties intending to form joint ventures. Nevertheless, thereshould be a fair share ratio in the equity.

"Joint venture bank can exist as a separate entity withoutdisturbing the existence of domestic private banks and foreign bank'srepresentative offices.

"Even when time has come to allow full branch license toforeign banks, the joint venture bank can still exist parallel withthe branch of foreign bank.

"The joint venture banks will be allowed to engage in bothdomestic and foreign banking business.

"If a foreign bank wants to form joint venture with a localbank, the proposal signed by the two parties must be submitted to theCentral Bank of Myanmar. The Central Bank of Myanmar will have to putup the proposal together with its recommendation to the Ministry ofFinance and Revenue which will have to submit it again to MyanmarInvestment Commission for approval." (NLM 12/15)

Dec. 27: The Korea Exchange Bank was on Dec. 20 issued alicense to open a representative office. Such licenses have alreadybeen issued to 31 banks from Thailand (6), Singapore (5), France (4),Malaysia (3), Indonesia (2), Bangladesh (2), Japan (2), Netherlands(2), Cambodia (1), Hong Kong (1), United Kingdom (1), Canada (1), andBrunei (1). (NLM 12/28)Food Prices

Dec. 2: "With the aim at helping stabilize meat and fishprices," the Ministry of Trade has opened a sea fish shop inSangyoung Township, Yangon. "The shop sold out nearly 100 viss ofNgagaungpwa today at K 36 per viss between 7 am to 7 pm. FriedNgagaungpwa was also available at K 3, K 5, and K 10." (NLM 12/3)

Dec. 3: SLORC Secretary-2 Lt-Gen. Tin Oo inspected "sales ofsea fish and prawns" at various sites; at Bogyoke Market, officials

"presented arrangements being made for selling economically." (NLM12/4)

Dec. 5: Individuals or companies wishing to build trawlersshould apply to the Subcommittee for Maritime Security and Increaseof Trawlers of the Fisheries Department, 666 Merchant Street, PabedanTownship, Yangon, "for building grant and fishing license inaccordance with procedures for full availability of engines andparts, electrical appliances and timber." For information, telephone20612, 20616, 80826, or 82784. (NLM 12/6)

Dec. 6: Speaking to officials and meat and fish dealers, SLORCSecretary-2 Lt-Gen. Tin Oo advised them to "breed more, produce more,and be moderate in making profits." He said arrangements were beingmade "to enable people to buy meat and fish with ease and at moderateprices and at the same time to bring benefits to producers anddealers." (NLM 12/7)

Dec. 11: SLORC Secretary-2 Lt-Gen. Tin Oo inspected "arrival,distribution and sale of sea fish and prawns," and stressed the needfor deep-sea trawling to bring down prices. He promised easing oftrawler inspections in Yangon harbour, and "said whoever wishes toengage in sea fishing will be permitted in accordance with rules."(NLM 12/11)

Dec. 19: Sea fish shops were opened at bus terminals and otherbusy places in Yangon "to enable the public to buy sea fish atmoderate prices." (NLM 12/20)

Dec. 24: Inspecting fish and prawn sales at the Ahlon TownshipCold Storage and elsewhere, SLORC Secretary-2 Lt-Gen. Tin Oo "spokeon arrangement of bringing down of price for consumers." (NLM 12/25)Aviation

Dec. 7: Indian Airlines inaugurated a service between Yangonand Calcutta. [See also under Advertisements] (NLM 12/8) // Dec. 8:Bandoola International Ltd., Myanmar agent for Indian Airlines,hosted a dinner attended by Regional Director Mr. P Purkayastha andothers from Indian Airlines, as well as Minister for ReligiousAffairs Lt-Gen. Myo Nyunt and other officials. (NLM 12/9)

Dec. 14: Lao Aviation Co. inaugurated weekly Vientiane-Yangon-Vientiane air service. Speakers included Minister for Transport Lt-Gen. Thein Win, Lao Deputy Minister at the Office of the PrimeMinister Mr. Bouasone Bouphavanh, and Managing Director of LaoAviation Co. Mr. Sisavath Boussamaly. The flight will operate everyThursday. (NLM 12/15)

Dec. 23: An ATR 72-210 QC aircraft has been added to AirMandalay's Mandalay-Yangon route. (NLM 12/24)Tourism

Dec. 14: 115 tourists (including 83 Americans) arrived on thems Song of Flower of the Radisson Seven Seas Cruises of the USA. Theyvisited the Shwedagon Pagoda and other sites in Yangon. (NLM12/15) // Dec. 15: 118 of them departed by air. Another 44 arrived byair. (NLM 12/16)

Dec. 15: 317 tourists (including 295 French) arrived on the mvMermoz of Croisieres Paquet. They visited Yangon tourist sites. (NLM12/16) // Dec. 16: 153 tourists visited sites in Yangon, while 75flew to Bagan. (NLM 12/17)

Dec. 30: 267 tourists (including 115 Americans and 88 British)arrived on the mv Silver Cloud, and toured Yangon. (NLM 12/31)Economic Organizations

Dec. 23: The Myanmar Engineers Association was formed, with UKyin Soe as Chairman. (NLM 12/24)

Dec. 27: The Myanmar Industrial Producers Association held itssecond annual meeting, presided over by Chairman U Htain Win, Vice-Chairman-3 U Thein Hlaing, and General Secretary U Zaw Min Win. Alsopresent was President U Khin Maung Yi of the Myanmar Chamber ofCommerce and Industry. (NLM 12/28)

Dec. 27: The Myanmar Chamber of Industry held its second annual

meeting, presided over by Chairman U Htain Win and Chairman of theMyanmar Chamber of Commerce and Industry U Khin Maung Yi. Vice-Chairman-1 Dr. Kyaw Htin announced the new Central ExecutiveCommittee and Executive Committee members. (NLM 12/28)

Dec. 29: The Myanmar Timber Entrepreneurs Association held itssecond annual meeting, presided over by Chairman U Aung Lwin andGeneral Secretary U Aung Win. (NLM 12/30)Jade Sale

Dec. 29: An interim Jade Sale opened at the Myanmar GemsEmporium. 492 lots with a floor price of $2,714,480 will be sold oncompetitive bidding, and 5,258 jade carvings will be sold at fixedprices totalling $236,009. Tenders will be accepted on Dec. 30 andscrutinized on Dec. 31. Jade will be sold for local currency fromJan. 5-7. (NLM 12/30)Rainfall in Yangon

Rainfall, in inches, at Yangon's three weather stations ofYangon Airport (YA), Kaba-Aye (KA), and Central Yangon (CY) was:

YA KA CY1987 97.01 100.98 95.431988 99.17 100.00 107.761989 96.22 100.59 102.761990 118.35 109.92 122.841991 91.81 83.78 96.651992 81.34 96.02 95.981993 82.64 111.18 95.121994 120.16 120.94 117.361995 -- as of: Dec. 1: 104.84 100.47 98.27 Dec. 15: 104.84 100.47 98.27 Dec. 30: 104.84 100.47 98.27HEALTHHealth Articles

Dec. 16: Development in Vital Registration and StatisticsSystem in Myanmar, by Dr. Sein Tin. [History of vital statistics inMyanmar since 1898. Present introduced in 1962, with 13 forms (3 forlive births, 5 for late foetal births, and 5 for deaths) in use. Inrural areas, the Central Statistical organization has implemented thevital registration and statistics system with UNFPA funding under theVital Registration and Statistics Project (Bur/75/PO2) signed on 16January 1979. At the end of the project in May 1988, 78 townshipswere included with a population of 9.3 million, or 33% of the ruralpopulation. A second-phase project (MYA/88/PO5) was signed on Apr.19, 1990 to last until 1993. By 1994 it covered 80 townships (of aplanned 107) with a population of 11.0 million. As of Nov. 1995, theVRS system is 91% of urban population in 254 towns, plus 158townships covering 62% of the rural population, or a total of 30.33or 69% of Myanmar's population. Level of completeness in birthregistration was 61% in 1994 (63% urban, 60% rural); deathregistration was only 46% (62% urban, 35% rural). "The level ofcompleteness is as a whole, not very high in the survey area."Improvement is needed.]World AIDS Day Speech

Dec. 1: The 1995 World AIDS Day was observed at the Instituteof Nursing, and addressed by Minister for Health Vice-Adm. Than Nyunt[full text]:

Honoured guests, representatives of UN agencies and everyonewho has gathered here today -- first of all, let me wish you the bestof health and happiness.

Today, the 1st of December has been designated World AIDS Daysince 1988. Every year it is observed throughout the world to raiseawareness of the HIV/AIDS problem and to further strengthen and

stimulate the fight against this dreadful scourge.This year, the WHO has adopted the slogan, "Shared Rights,

Shared Responsibilities" to mark the World AIDS Day.As of today, the WHO has estimated that over 20 million people

worldwide have been infected HIV including 1.5 million children. Ofthese, 4.5 million already have had AIDS. These figures underscorethe fact that HIV/AIDS is a major threat facing mankind today.

This year's theme of 'shared rights, shared responsibilities'underlines how essential rights and responsibilities are in thecontext of HIV/AIDS.

Every individual of course has equal rights to life, health andnon-discrimination and every individual must engage in national andresponsible behaviour; these also concern people with HIV/AIDSequally as well. Everyone has the right to access to information toprevent infection and everyone has the right to take steps to avoidinfection.

It is the responsibility of everyone concerned that the spreadof HIV should be controlled. It is the responsibility of theindividual to see that he/she does not contract HIV. So also it isthe responsibility of a person with HIV/AIDS to see that he/she doesnot transmit the infection to others.

When there are persons with HIV/AIDS in the community it is theresponsibility of the family and community to see that they getappropriate and compassionate care.

For people who are afflicted with the effects of AIDS, care andcompassion would be the most valued assets for them.

It has to be recognized that it is the right of people withHIV/AIDS to have access to care and attention. It is theresponsibility of everyone that they should have access to theirrights.

Myanmar's culture has had a long tradition of the communityrallying around the sick and it is indeed heartening to note thatthis practice has already been extended to people with HIV/AIDS. Thisis to be further encouraged.

The State Law and Order Restoration Council has given toppriority to improving the health status of the nation and hasincluded this among its four social objectives.

Together with malaria, tuberculosis and iodine deficiencydisorders, HIV/AIDS has been designated a national concern by theNational Health Committee.

Under the aegis of the National Health Committee, National AIDSCommittee has been formed. I myself, as the Health Minister isresponsible for chairing the Committee. This Committee is responsiblefor directing and co-ordinating preventive activities in HIV/AIDS,health education, medical and social care and research.

The Ministry of Health has carried out HIV/AIDS activitiesaccording to the following eight sectors:

1. Health Education2. Safe blood supply3. Prevention of HIV transmission through sharp and piercing

instruments4. Surveillance5. Medical and Social Care including counselling activities6. Training of health personnel and voluntary health care

workers7. Research8. Co-ordination of national and international NGOs.A special stepped-up programme has been initiated to combat

HIV/AIDS in some border towns which have shown higher prevalencerates compared to other areas. These places include Kawthaung,Myawadi, Tachilek, Kyaingtone, Muse and Tamu. Very recentlyresponsible personnel from the Department of Health & State andDivision administrative authorities have joined forces tosuccessfully implement these programmes in Kawthaung and Myawadi.These activities are carried out with attention to features of theHIV problem peculiar to these regions.

Other priorities are to further extend the availability of safeblood throughout the country and to make available safe, affordablecondoms as practical approaches to fight HIV/AIDS. Attention has alsobeen given to prevent transmission of HIV through unsafe injectingpractices.

In 1995 alone 18 training courses on HIV/AIDS have beenconducted by the Department of Health involving 636 persons. Thirty-seven persons from the Department of Health, including doctors,nurses, social workers, and health education officers have been sentabroad to attend conferences and courses on AIDS. Personnel fromother Ministries have also been sent to other countries to studyHIV/AIDS prevention activities.

It has to be recognized that the Ministry of Health alone willnot be able to contain such a complex, diverse and huge problem asHIV/AIDS. As has been stated this is the responsibility of all --various government departments, communities and people from allsocial strata -- in fact, each and everyone of us.

Since 1987, WHO has carried out HIV/AIDS control programme asthe Global Programme for AIDS. Beginning from 1996, its activitieswill be taken over by UNAIDS which will be sponsored by UNICEF, UNDP,UNESCO, UNFPA, World Bank and WHO.

We firmly hope and believe that UNAIDS will continue toobjectively view the needs of Myanmar and support its strategies inher battle with HIV/AIDS.

In conclusion, I would like to state that Myanmar will continueto fight HIV/AIDS as a matter of national concern under theleadership of the National Health Committee with the Ministry ofHealth acting in co-ordination with other ministries and departmentsand national and international NGOs and the people themselves.

Myanmar is fully committed to co-operate and work with UNAIDS."Shared rights and shared responsibilities" should not only be usedas a slogan for today but should be used as our banner in ourcontinued battle against HIV/AIDS.(NLM 12/2)Health Cost Sharing

Dec. 18: The National Seminar on Health Economic and HealthCare Financing opened at the Planning and Statistics Department, andwas addressed by Deputy Minister for Health Col. Than Zin. He saidMyanmar had allocated K 464 million for health care in 1988-89, andthis was increased to K 2,065 million for 1994-95.

"Traditionally, most Governments have undertaken the soleresponsibility for financing health care services provided to thepeople. As the cost of health care is rising, Governments alonecannot afford to sustain the cost and thus the role of the communityfor sharing the cost has become important.

"Every country has to start introducing alternative health carefinancing schemes in consonance with the political, economic, socialand cultural conditions of each country. The Bamako Initiativeadopted in African countries and the Health Card system beingpracticed in Thailand are popular examples of Community Cost Sharingschemes....

"Some of the alternative health care financing schemes that arebeing implemented in Myanmar, although still in their embryonicstages, are gaining success.

"One scheme is opening paying wards and cost sharinglaboratories in the public hospitals. Charges are made to those whocan afford to pay for the services provided. The earning from thesecharges are then used for purchasing drugs, maintaining hospitals andgiving bonus to hospital staff.

"The next scheme is opening Community Cost Sharing Drug Storesat the hospitals. There are now 254 such drug stores and up till nowKyat 10.1 million has been contributed to the State revenue fromthese drug stores.

"Another scheme is distribution of essential drugs throughCommunity Cost Sharing system in townships. The system is being

introduced in 22 townships through Myanmar Essential Drug Project, in41 townships with the support of Nippon Foundation and one townshipwith UNICEF support....

"In conclusion, I do hope that during this Seminar there willbe frank exchange of views and ideas as regards to practicalapplication of health economics and health care financing conceptsand principles in formulating and implementing health plans inMyanmar...."

WHO Resident Representative Dr. Klaus Wagner also spoke.Representatives of various Ministries are attending. (NLM 12/19)Health Research Congress

Dec. 19: SLORC Secretary-1 Lt-Gen. Khin Nyunt addressed theopening of the 5-day Myanmar Health Research Congress at theInstitute of Nursing, noting that political, economic and socialchanges in Myanmar mean that "health problems cannot be solved byordinary means...." 80 research papers and 16 posters are scheduledfor this Congress, with concentration on malaria, followed bytuberculosis, AIDS, snake bite, iodine deficiency, bowel disorder,and non-infectious diseases. (NLM 12/20)

Dec. 20: The paper reading session continued, with 17 paperspresented. 16 research exhibition booths have been opened. (NLM12/21)

Dec. 24: The Congress concluded, with the reading of another 13papers. (NLM 12/25)SPORTSSports Articles

Dec. 27: International Golf Tournament, in Yangon Golf Club inJanuary, Visit Myanmar Year, 1996, by Sports Reporter. [Myanmar'sentry into the pro golf circuit.]Myanmar Teams and Officials

Dec. 15: A Myanmar Universities Tennis Team led by U Khin MaungWin of Yangon University left for Hong Kong to compete in the 8thAsian University Tennis Championship 1995 to be held from Dec. 18-22.The team includes Maung M Tu Ja (Mandalay Univ.), Maung Aung Ko Win(Dagon Univ.), Maung Pine Soe (Inst. of Computer Science andTechnology), Maung Yan Naung Maung Maung [sic] (Institute ofMedicine-1), Ma Ya Min Thiri Thein (Yangon Univ.-Hline Campus), andNan Myo Thanda (Yangon Univ.-Kyimyindine Campus). (NLM 12/16)

Dec. 16: A 10-member thaing contingent led by Lt-Col. Lay Myintleft for Malaysia to participate in the Dec. 17-19 World PandekarDay. Included were U Tun Shein (manager), U Hla Oo (coach), andathletes Tun Saw (Rakhine), Shwe Win (Bago), Chit Thu (Kachin), KhinMaung Yin (Bago), Kyaw Lin (Bago), Hsan Myint (Bago), and Aung KyawSoe (Bago). "They will demonstrate Myanmar thaing skills (martialarts) and physical training." (NLM 12/17)Foreign Teams, Coaches, etc.

Dec. 14: The Asian Professional Golfers Association (Asian PGA)will stage the "first ever professional golf tournament" in Myanmar,with the US$ 150,000 Myanmar Open at Yangon Golf Club from Jan. 4-7,1996. It will be the 16th leg of the inaugural Omega Tour; variouspros, including "local stars" Kyi Hla Han and Zaw Moe, have promisedto participate. Also expected to participate are Taiwan's Lin Keng-chi, Indian champion Gaurav Ghei, Thailand's Boonchu Ruangkit, andAmerica's Gerry Norquist who won the October Royal Perak Classic inMalaysia. The announcement was made by Asian PGA Executive DirectorRamlan Dato Harun. (NLM 12/15)

Dec. 19: Secretary Mr. Lee Kyu Seok of the Asian TaekwandoFederation called on President of Myanmar National Olympic CommitteeMinister at the Prime Minister's Office Brig-Gen. Lun Maung. (NLM12/20)

Dec. 23: 49,386 runners took part in the Sixth Mayor's

International Marathon in Yangon. Among the winners in the manyclasses was Timothy Moni (Kenya) came first in the men's opendivision, and won $5,000. [two pages of photos] (NLM 12/24)Hole-in-One

Dec. 18: U Win Naing scored an ace Dec. 16 on the 133 yard 16thhole of the City Golf Resort. (NLM 12/19)XVIII SEA Games

Dec. 4: Myanmar beat Philippines 4-1 in the second soccer matchof the XVIII South-East Asian Games in Chiang Mai, Thailand. (NLM12/5)

Dec. 5: Myanmar tied 1-1 with the Philippines in women'ssoccer. (NLM 12/6)

Dec. 5: The second batch of Myanmar athletes (volleyball, golf,badminton, cycling, and taekwando) led by Director-General Col. TunSein of the Sports and Physical Education Department left for ChiangMai. In the afternoon, the third batch (shooting, basketball,cycling, and sepak takraw) led by President Brig-Gen. Thein Tun ofthe Myanmar Shooting Federation also left. Altogether, 149 athletesand 15 others were included in the two groups. (NLM 12/7)

Dec. 6: The Myanmar women's soccer team consists of Wa Wa Moe(Khin May Than), Mya Mya Khaing (Tin Aye Kyaing), Myint Myint Hlaing,Yin Yin Oo, Thida Aye, Hla Hla Tha, Nila Kywe, San San Kyu, ThidaKyi, Win Win Mar (Yin Moe Aye), and Nyo Nyo Aye. (NLM 12/7)

Dec. 9: Myanmar and Thailand tied 3-3 in women's soccer.Myanmar beat Philippines 2-1 in men's Sepak Takraw. (NLM 12/10)

Dec. 10: In track and field, Myanmar won silver (Thein Win) inMen's 10,000 metre;, bronze (Aye Aye Nwe) in Women's shot put; bronze(Kyaw Swa Moe) in Men's javelin; and bronze in Women's 4 x 200-metrerelay. Myanmar beat Vietnam 3-1 in Men's volleyball, and Malaysia 3-0in Women's volleyball. Myanmar lost to Indonesia 3-0 and to Vietnam3-1 in Men's table tennis, and 3-0 to Indonesia in Women's tabletennis. Myanmar beat Singapore 3-2 in Men's badminton, but lost toSingapore 3-0 in Women's badminton. In Men's basketball, Singaporedefeated Myanmar 95-44. Myanmar (Maj. Myint Soe) took gold in the 25-metre standard pistol event, and the Myanmar team took bronze. InSepak Takraw, Indonesia defeated Myanmar 2-1. (NLM 12/11)

Dec. 10: Executive Committee members U Kyaw Naing and U Zaw Winof the Myanmar Hockey Federation left for Chiang Mai to presentprizes to the Myanmar team, and to attend a meeting of the AsiaHockey Federation. (NLM 12/11)

Dec. 11: Myint Htay took silver in the Men's 10,000 metre walk.Khin Khin Htwe took gold in Women's 1,500 metres, and Pa Pa tooksilver in Women's 10,000 metres. In Women's Judo, Thidar Mon tooksilver in over 72 kilos. In Men's Judo, Nyan So took silver in 95kilos; and Aung Naing Oo took silver in over 95 kilos. In Women's 10-metre air pistol, Khin Soe Thaik took silver. In Women'sweightlifting, Kyu Kyu Win took bronze in 54 kilos. In Preliminarybasketball, Thailand beat Myanmar 96-41 and 127-57 in Men, andPhilippines beat Myanmar 138-45 in Women. In Volleyball, Myanmardefeated Vietnam 3-0. In Sepak Takraw, Malaysia defeated Myanmar 3-0.In Men's field hockey, Thailand defeated Myanmar 6-0. Myint Soe tookgold in Men's 25-metre pistol. In Track and field: Aye Aye Nwe tookbronze in Women's shot put; Myanmar took bronze in 4x200 metre relay;Kyaw Swar Moe took bronze in javelin; Thein lwin took silver in10,000 metres. (NLM 12/12)

Dec. 12: In Women's weightlifting, Naw Phaw Gay took bronze in59 kilos; Mi Mi took silver in 64 kilos. In Men's 3,000-metresteeplechase, Aung Din took bronze. In soccer, Myanmar beat Laos 1-0.In Judo, Thida Mon took silver in Women's 72-kilo; Nyan Soe silver inMen's 95-kilo; Maung Naing Oo bronze in Men's 95-kilo; and Naw MaurelMu bronze in Women's 72-kilo. In basketball, Philippines beat Myanmar138-45 (Men's) and Thailand beat Myanmar 96-42 (Women's). In Women'ssoccer, Myanmar beat Singapore 1-0. (NLM 12/13)

Dec. 13: Chairman of the Myanmar Olympic Committee Minister at

the Prime Minister's Office Brig-Gen. Lun Maung left for Chiang Maito attend the games. He was accompanied by PSO Capt. Tin Htut. (NLM12/ 14) // Dec. 15: He met with managers of the sports contingents.(NLM 12/16)

Dec. 13: Myanmar took bronze in the Women's soccer finals. SoeKyi took bronze in Free Pistol. In Women's doubles badminton, Swe MarOo and Kyi Kyi Swe defeated Singapore 2-0; in Men's doubles, Zaw Winand Aung Kyaw beat Brunei 2-0, and Win Tun Thein and Maung Maung beatSingapore 2-0. In Basketball, Indonesia beat Myanmar 161-62 (Men's)and Malaysia beat Myanmar 88-47 (Women's). In Men's volleyball,Myanmar defeated Cambodia 3-0; in Women's volleyball, Thailanddefeated Myanmar 3-0. In Men's Taekwando, Thit Lwin tied for bronzein the 70-kilos category; in Women's lightweight Ma Chit Su tookbronze. In Women's judo, Myanmar tied for bronze in 52-kilos. InMen's weightlifting, Wunna Kyaw Thu took silver in 76-kilos; inWomen's weightlifting, Mee Mee took silver in 64-kilos and Naw PhowGay bronze in 59-kilos. (NLM 12/14)

Dec. 14: Than Than Tin took bronze in Women's Judo (under 52-kilos). Myint Lwin took bronze in Men's Thaing (45-50 kilos). Soe Kyitook silver in individual free pistol. (NLM 12/15)

Dec. 15: The first contingent of 43 Myanmar athletes returnedhome. Aye Aye Nwe took silver in Women's discus; Ma Hla Shwe tookbronze in Women's 5,000-metre walk; Than Than Htay took bronze inWomen's 100-metre race. Khin Thida Myint took bronze in Women's 70-kilo weightlifting. San San Aye took bronze in Women's Judo (under48-kilos); Phone Kyaw tied for bronze in Men's 60-kilo judo. Myanmarbeat Indonesia 3-2 in Men's volleyball, and 3-0 in Women'svolleyball. Thaung Thaung Win took bronze in Women's pinweighttaekwando. (NLM 12/16)

Dec. 16: A second contingent of 58 athletes returned toMyanmar. Khin Khin Htwe took gold in the Women's 3,000 metres;Thandar Su Myint took gold in Women's sport pistol; Khin Soe Thaiktook silver in Women's 25-metre sport pistol. In Women'sweightlifting, Aye Mon Khin took gold (83-kilos), Naw Bwe Htoo silver(83-kilos) and Win Win Maw silver (76-kilos). In Men's weightlifting,Thi Han took bronze (99-kilos). In rowing, Myanmar took silver inMen's 400-metres and bronze in Women's 400-metres (10 paddlers); InMen's 800-metre Myanmar took silver; in Women's 800-metre Myanmartook bronze (12 paddlers); In Men's 800-metre Myanmar took silver (22paddlers). In Men's basketball, Malaysia beat Myanmar 125-51. InMen's volleyball (final), Thailand beat Myanmar 3-0. (NLM 12/17)

Dec. 17: 61 Athletes returned home. Myanmar won one silver andone bronze in Thaing. In Women's weightlifting, Tin Tin Aye tooksilver (45-50 kilos), and in Men's weightlifting, Myint Lwin tied forbronze (45-50 kilos). In Yachting, Saw Marlar Soe and Myat Pwint YiKyaw took silver in the 420 class; Aung Kyaw Win too bronze in SuperMod class; and Sithu Moe Myint took bronze in International Optimistclass. (NLM 12/18)

Dec. 18: The Games finale was held. 77 Myanmar Athletesreturned home. Final standings:

Gold Silver Bronze TotalThailand 157 98 91 346Indonesia 77 67 77 221Philippines 33 48 62 143Malaysia 31 49 69 149Singapore 26 27 42 95Vietnam 10 18 24 52Myanmar 5 21 37 63Brunei 0 2 5 8Laos 0 1 6 7Cambodia 0 0 2 2(NLM 12/19)Students Sports Festival

Dec. 5: Patron SLORC Secretary-1 Lt-Gen. Khin Nyunt formallyopened the Sixth Students Sports Festival, held this year in Loikaw,

Kayah State. (NLM 12/6)[Dec. 6-14: articles on events at the Festival]Dec. 15: The Festival came to a successful conclusion, with

presentation of prizes and an address by Patron Minister forEducation U Pan Aung. (NLM 12/16)CULTURALCultural and Scientific Articles

Dec. 6: 1995 - The Year of Great Diamonds! by K Myitzu. [Suchas the Motion Pictures Diamond Jubilee, the National Day DiamondJubilee, the Myoma School Diamond Jubilee, and the Yangon UniversityDiamond Jubilee.]

Dec. 13: Editorial: English, English everywhere... [full text]:Time was when the English language was frowned upon by ultra-

nationalists in countries colonized by the British as the language ofthe slave, that is, language taught to those they sought to enslave,and for the furtherance of the colonial bureaucracy.

The colonial fetters so traumatised those who were thusshackled that they would not attempt to learn it even for the sake ofknowing what the usurpers of their land were saying.

Those notions have died with the demise of colonialism, so tosay, since all former colonies have regained their independencealthough they are still wary (and rightly so) of those who have foundit logical to return sovereignty to those to whom it rightfullybelonged.

Today, whatever the past connection with those who usedEnglish as a tool to prolong the servitude of others, the very peoplewho hated the language as such have turned around to use it as a toolfor enhancement of opportunities and improvement of the quality oflife.

Today, people of the developing world, be they part ofthe former colonies or not, have taken a liking to English as alanguage, as a tool for advancement, with notion changed.

English, or for that matter any language, cannot belearned from 'book-learning' alone. It has to be taught. Those whoare proficient in both written and spoken language know how to teachothers correctly.

Picking up language for its functional use, say likePidgin, is one thing. Teaching it correctly is another.

These days we hear of conversational English, writtenEnglish, spoken English, commercial English, technical English, andwhat have you? Yet these remind us of how complex the business oflearning the language had become, and how advantageous it would be ifone were to master it, judging from those who made it.

Letting bygones be bygones, when we held the mistakenview that if one were proficient in Myanmar grammar, one could easilyadapt it to learning English grammar, when actually that notion waserroneous, we have, for the past several years, pushed towardintensification of teaching, and learning, English or its reuse as amedium of instructions for most subjects in institutions of higherlearning and even in high schools.

There is a degree of success, but no as much as we wouldwish there would be. So, children, or even adults, seek supplementarydoses of English, which is well and good.

However, the crux of the matter is you have to learn itfrom those who can teach it. The proof of the pudding is in theeating.

Dec. 21: Selecting the best recitation of the Buddhistscriptures throughout States and Divisions of the Union of Myanmar,by Ba Sein (Religious Affairs). [Benefits of reciting the Buddha's 11holy discourses (Parittas):

Mangala Sutta:(1) Sound and peaceful sleep(2) Sound and peaceful waking(3) Never have terrible dreams

(4) being loved by peoples(5) being loved by Devas(6) being looked after by Devas(7) being free from poison, weapons, and burnings(8) peaceful mindfulness(9) peaceful and pleasant face(10) peaceful death without wavering and excitement(11) Obtaining the holy life of Devas.

Ratana Sutta:(1) being free from hunger or the natural disaster(2) being free from various diseases(3) being free from catching of evils

Khandha Sutta:(1) being able to be cured of poisonous snake-bites(2) being free from poisons of all kinds of snakes

Mawra Sutta:free from catching and threats of hunters

Vatta Sutta:free from upset and terrible mindfulnessfree from burnings including residential buildings and

forests on fireAttanadiya Sutta:

(1) long-life(2) pleasant and beautiful appearance(3) being wealth and prosperous(4) mightiest strength(5) wisdom

Angulimala Sutta:pregnant women can give to birth easily

Bozingga Sutta:(1) being free from various troubles(2) Defeating and conquering enemies(3) Having the holy state of Nibbana

Pubbahna Sutta:(1) being free from misfortunes(2) being free from bad elements(3) being free from awful dreams(4) Having peaceful mindfulness]

Dec. 27: Bagan, worthy of shining example in the world, byTekkatho Tin Kha. [On a Dec. 26 visit, SLORC Secretary-1 Lt-Gen. KhinNyunt "instructed those concerned to repair and renovate the pagodaskeeping their original architecture intact. He said so since genuinecultural heritage remains prominently only in Myanmar compared toother parts of the world. The loss in original workmanship willdiminish the value. This should be kept in mind in repairing andpreserving Bagan pagoda in a state of near collapse."]Yangon University Diamond Jubilee

Dec. 1: The Jubilee was officially opened by SLORC Secretary-1Lt-Gen. Khin Nyunt as Patron of the Leading Committee for CelebratingYangon University Diamond Jubilee and Chairman of the MyanmarEducation Committee. He unveiled a plaque ("followed by beating ofroyal drums and releasing of multi-coloured balloons"), and addressedthe gathering, linking the founding of the University to the StudentsStrike of 1920 and to Myanmar patriotism and nationalism. HigherEducation Department Director-General U Myo Nyunt issued a 16-chapterhistory report of the 75-year history of the University, noting theintroduction of correspondence courses in 1976 and the opening of 17regional colleges in 1976-77. He observed how education expenditureshad risen from K 50,000 in 1922, K 63 million in 1970, K 264 millionin 1989-90, to K 1.105 billion in 1995-96. (NLM 12/2)

Dec. 3: Speaking at a prize distribution ceremony, SLORCSecretary-1 Lt-Gen. Khin Nyunt outlined the objectives of the Jubileeas inheriting traditions as:

-- to continue to uphold the prestige of the university,-- to implement an education system which reflects Our Three

Main National Causes to uphold non-disintegration of the Union, non-disintegration of national solidarity and perpetuation ofsovereignty,

-- to contribute to preservation of national prestige andintegrity and culture,

-- to promote an education system which is in conformitywith the political, economic and social systems undertaken by theState, and

-- to nurture youths for emergence of brilliant, outstandingtechnicians who will help build a modern developed nation.

He said that 1,190 men and 573 ladies from 45 universities,degree colleges, and other institutions, had taken part in thecompetitions. (NLM 12/4)Religion

[There were regular small articles on donations, and voluntarylabour, for the Tooth Relic Pagodas under construction in Yangon andMandalay.]

Dec. 25: "Christmas celebrated with traditional glitter andmerriment nationwide. The Christian faithful of all denominationsushered in the birthday of the Lord with carol singing and MidnightMass at churches here and in other parts of the country. Both majorchurches like Cathedral of the Holy Trinity, the Immanuel BaptistChurch and others in town were bathed in multicoloured illuminations.Downtown, the Yangon Duty Free Shop...boasted two large X'mas treeilluminations. In the various communities, people of other faithsjoined their Christian relatives and friends rejoicing andcelebrating with feasts Myanmar-style. Gifts were exchanged. Bothconiferous and artificial X'mas trees and Nativity scenes wereevident in churches. Similar sights and sound were repeatedthroughout the country with dinners at home and in restaurantstopping the occasion...." (NLM 12/26)Publications

Dec. 1: The Souvenir of Yangon University Diamond Jubilee Book1, History of Yangon University for 1920-1995, and Myanma HistoricalResearch Journal No. 1, were published by the Publications Committeeand are available at the Universities Historical Research Centre,Amara Hall, Central Library of Universities, and the Higher EducationDepartment. (NLM 12/2)

Dec. 1: A Magazine for Bago Hall was published by the MagazineCommittee of Bago Hall, as part of the Yangon University DiamondJubilee. It costs K 75. (NLM 12/2)

Dec. 2: Zoology Magazine, "hailing the Yangon UniversityDiamond Jubilee," was published by the Zoology Department. (NLM 12/3)

Dec. 4: The Statistical Abstract 1994, with national statisticsfor 1981, 1986, and 1991-94, was published by the Central StatisticalOrganization. This statistical series "is intended for the use ofgovernmental organizations, enterprises, joint ventures, companiesand the public." It was published in alternate years between 1972-78,but then ceased. It is available from Sarpay Beikman Bookstore andCSO, at K 250 and K 150 depending on paper quality. (NLM 12/5)

Dec. 9: Today, the English publication for tourism, celebratedits second birthday with a dinner attended by Minister for Hotels andTourism Lt-Gen. Kyaw Ba. Photography prizes were presented to winnersof a contest in which 125 professionals and amateurs submitted 564photos, up from 300-plus last year. (NLM 12/10)

Dec. 19: Myanmar Perspectives, a lavish English-language colourmagazine about Myanmar, made its debut. (NLM 12/20)

Dec. 21: Myakyuntha magazine, hailing the Yangon UniversityDiamond Jubilee, was issued, with old and new writings and oldphotos, and is available for K 100 "at the YU departments and fromold day student executives." (NLM 12/22)

Dec. 22: Shwezin, No. 2, was published by old and new residentsof Inya Hall, commemorating the Yangon University Diamond Jubilee.(NLM 12/23)

Dec. 30: Insurance Compensation Rates for vehicle accidentswere published by Myanmar Insurance; the rate includes K 25,000compensation for death, and takes effect on Jan. 1, 1996. (NLM 12/31)Pakokku Literary Awards

Dec. 4: The winners were announced in the 1995 Pakokku U Ohn PeLiterary Awards:

Literary Award for Life: Sayagyi U Ko Lay (Zeyar Maung);Novels: (1) Khin San Mon for Tan-lyat-ei Ta-phet-kan-hma; (2)

Manoktha Kyaw Win for Oh-chan-pe-myar The-thay-hta;Collected Short Stories: (1) Hla Win (Economics) for Alin-ei

Pon-hsaung-gh-hnint A-na-gut Tan-chin Wut-htu-toe-mya; (2) Maung MyayNi (Tamardaw) for Eit-zatta Young-zone Wut-htu-toe-mya.

Treatises: (1) Thura Zaw for Acho Kabya Lailagyet; (2) U MyatKyaw (Myanmar Language Commission) for Myanmarsar, Myanmar Yin-kyay-hmu Amwe-ahnit Bud-dha Kyanganla Amye Nama-mya;

Research: (1) Shwe Naga Tin Win for Htin Asarhtoe Swan-in; (2)Nyo Win Shin for Myanma Pachi Pabu Bithuka Pyin-nya Shin-myaAhtokpatti;

Poems: (1) Myaylat Maung Myint Thu for Ein-met-oo-ga Phu-de-pan; (2) Aphyauk Myay Maung Swe Mon for Thitywet-nu-se Mya-shwe-yiKabyamya.

Prizes were also given to college students getting highestmarks in Myanmarsar.

Prizes will be distributed on Dec. 24 at Pyithaya Hall inPakokku. (NLM 12/5)

Dec. 25: SLORC Secretary-1 Lt-Gen. Khin Nyunt distributed theprizes. (NLM 12/26)Computers

Articles continued throughout the month concerning theinstallation of computers, often donated, at high schools around thecountry.

Dec. 20: SLORC Secretary-2 Lt-Gen. Tin Oo told officials ofAyeyawady Division that 39 computers had been installed in 21 schoolsin nine of the Division's 26 Townships.]

Dec. 21: Editorial: New generation of computer age. [InMyanmar, the Government is striving to enable all new generationstudents in the entire nation to have equal access to advancedcomputer science as it plays a leading role in international economicand social areas. With the help of the Government, the public andparents, more and more schools throughout the country have installedcomputers and printers, opening computer units to conduct courses forboth teachers and students.... Recent signing of a contract...to buy3,000 Apple computers for basic education schools is one of theconsiderable investments the Government is making to widely introducecomputer science in schools.... Two {basic computer instructorcourses} had already been completed to date, bringing out a total of120 computer instructors and after completion of the third course,there will be 180 altogether. These instructors will teach thescience to their pupils in multiplier courses, which will be openedat their respective schools in States and Divisions .... Laying downthe uniform curriculum for basic education school computer coursesand arranging the use of Apple computers of Capital Mac Centre in allschools will enable {sic} students equal access to computerscience....]

Dec. 23: The first computers for the blind, donated by Germany,were delivered in Myanmar, for the Yangon School for the Blind(Khawegyan) in Ward 2, Mayangon Township, Yangon. "The computer unit,equipped with Arkenston computer, a Braille printer, IBM portable 486computer and Laserjet 4L, is the first for the blind in Myanmar."(NLM 12/24)

Dec. 29: A first consignment of Apple Computers for schools,imported from Capital Mac Centre under arrangement of the Ministry ofCooperatives, arrived in 20 containers on the mv Bago. "The Ministryof Education has signed a contract with Capital Mac for the purchase

of 3,000 computers for use in schools." (NLM 12/30)Universities and Institutes

Dec. 23: The University of Distance Education held its firstconvocation. Rector U Mehm Than Thaung conferred BA degrees on 1,667and BS degrees on 65 graduates. On Dec. 24, he will confer a further1,729 BA and 75 BS degrees. (NLM 12/24)

Dec. 30: Yangon University held its 81st convocation, withRector Dr. Tun Maung conferring Bachelors degrees in Maths (11),Geology (5), History (780), Botany (758), Geography (6), and LibraryScience (23). The convocation will continue Dec. 31. (NLM 12/31)MISCELLANEOUS Sunday and Holiday Supplements

Dec. 3,10,17,24,31: Text of "Our Three Main National Causes.List of Special Projects (6 bridges and 12 dams). Further List ofSpecial Projects (11). For texts see January issue.

Dec. 3,10,17,24,31: Towards a modern nation through all-rounddevelopment, by Warazein. [Cont. Endeavours of the Ministry ofForeign Affairs. (iii) Review of activities in economic cooperationand environmental protection. (iv) Myanmar re-entry to the Asia-Africa Legal Advisory Committee in 1993; formation of the Strategyand International Study Department. Endeavours of the Supreme Court.(i) The number of Supreme Court judges was increased in 1992 fromfour to five. The Supreme Court has "so far" disposed of 10,039criminal cases, 9,082 civil cases, 2,448 cases were set aside and 409were turned down. The full bench heard 224 revision cases and 19military appeal cases. State/Division courts hear 34,228 appealcases, 12,070 civil cases (original side), and 24,927 criminal cases(original side). From April 1991 through March 1995, township courtsheard 1,488,173 criminal cases and 30,513 civil cases (originalside). A separate juvenile court has been established for the YangonCity Development Committee area. Five development courts in Yangondecided 24,586 cases and imposed K 13,459,252 in fines. Trafficcourts in Pabedan and Insein Townships, Yangon, and ChanayethazanTownship, Mandalay, decided 736,107 traffic cases and imposed finesof K 202,088,511. Fines from all courts totalled K 355,110,527. (ii)Further statistics and information. Licenses have been issued to 573advocates and 1,323 higher grade pleaders; ethics discipline wastaken against 65 advocates and 47 higher grade pleaders.

[Endeavours of the Attorney General's Office. (i) Between April1991 and March 1995, 45 new laws were enacted and 35 old lawsrepealed by the State Law and Order Restoration Council. Details.]

Dec. 3: Zarmani Inn Reservoir in Thanlyin, by Htun Htun Min.[New water supply reservoir for Thilawa port.]

-- Taking steps in line with computer age, by Theimm Htut.[Installation of computers in highschools.]

-- Natmauk Reservoir in Central Myanmar, by Tun Aung Gyaw.[Oct. 29 inauguration.]

-- Paddy harvested successfully, by Sintgu Soe Win. [Harvestin Shwepyitha Township.]

-- With precise, correct and rapid steps, by Thein Mya Lwin.[Agricultural mechanization. "The country will need 10,000 tractors,80,000 power tillers, 45,000 harvesters, 2,000 threshing machines,and 10,000 paddy driers within a short time."]

Dec. 10,17,24,31: Township development activities in Myanmar,by Ahtet Minhla Nyunt Aung. (Cont. (5) Development committees are:

-- to take measures for proportionate development of urbanand rural areas and making them clean, pleasant and beautiful;

-- to collect funds in full suitable to their respectivetownships and to give priority in spending funds on more appropriatetasks;

-- to take preparatory measures for town and ruraldevelopment in time of Visit Myanmar Year 1996;

-- to renew Town Plan and Township Plan;

-- to turn all the roads in respective towns into metalledroads and to draw up four-year projects for turning all rural roadsto at least laterite roads;

-- to carry out tasks for water supply so that all thepeople in the respective townships get sufficient amount of water bythe year 2000;

-- to carry out construction and maintenance of gardens,parks, play-grounds and recreation centres to enable the people totake rest and recreate themselves;

-- to collect welfare funds within the bounds of law for thewelfare of service personnel in addition to collecting taxes andrevenues; and

-- to carry out all-round development tasks in accordancewith organizational, political, administrative and economic outlooks.

[(6) Municipal problems in Bombay; cleanliness in Singapore.Recent tour of Minister for Progress of Border Areas and NationalRaces and Development Affairs Lt-Gen. Maung Thint.

[(7) Visits to projects. "Meritorious deeds are also known asperpetual charity. There are six kinds of perpetual charity:

(1) Planting fruit and flower trees and setting up a garden,(2) Planting of shade trees,(3) Providing drinking water to the wayfarers,(4) Digging public wells and ponds,(5) Paving and constructing roads and building bridges,(6) Building monasteries, rest house or shelter.[(8) Tours of Minister and Deputy Minister.]Dec. 10: Booming hotel industry, by T. Htut. [Growth of

tourism.]-- Milestone in banking history of Myanmar, by Thura Nyunt.

[Inauguration of an Automatic Teller Machine (ATM) at the Myanmar MayFlower Bank on Nov. 12 at Karaweik Hall.]

-- Modern Thiri Mandala Market in Mandalay, by Myint Zarni.[Under construction; to open in 1997.]

-- Systematic cultivation of crops in Pyay District, byMyint Naing. [Agricultural progress.]

Dec. 17: Prospering leather industry in Myanmar, by MaungLoktha. [Growth of the industry.]

-- South Pinle Dam and North Pinle Dam, by Khin Maung Than.[Dams near Myingyan.]

-- Yesagyo turning from brown to yellow, by Tin Win(Yesagyo). [Progress in irrigation.]

-- Briquettes produced from paddy husks in Hlataw village,by Tin Win Shwe (Shwe Pangon). [Substitutes for fuel wood. "It isurged that all should use paddy husk briquettes."]

Dec. 24: Be occupied with thoughts in the interests of thenation and the people, by Thiha Aung. [Visits to Sittoung Riverdevelopment projects.]

-- Reform to mechanized farming, by Pho Nyan. ["Today onecan find 7,000 heavy tractors, 20,000 power tillers, 12,298harvesters, 5,409 threshing and winnowing machines and 1,012 driersare being used in farming."]

Dec. 31: Round the year paddy, by Tun Tauk. [Multiplecropping.]

-- Objects d'art of Mazin Co-op enter foreign market, byMyint Thura. [Coop store selling lacquerware and other traditionalcrafts.]

-- To produce surplus paddy, by Maung Htaiwar. [Visit toHlinethaya Township.]

-- Steps taken for State to become modern, by Mawgyun MyintAung. [Visit to Myaungmya.]Crime

Dec. 13: Six Myanmars and a Macau man have been arrested inMingala Taungnyunt Township who "forced young women intoprostitution, luring them with jobs abroad." Four young womencomplained to police on Dec. 11 that they had been promised jobs in

Macau as textile workers or waitresses with an income of K 200,000per month, but were then locked up, awaiting passports, and forcedinto prostitution. (NLM 12/14)Anti-Narcotics Activities

Dec. 2: 5.4 kilos of heroin were seized Nov. 21 in MongshuTownship. (NLM 12/3)

Dec. 5: 11.5 kilos of raw opium were seized Nov. 16 in Chanmya-thazi Township, Mandalay. (NLM 12/6)

Dec. 11: 12.5 kilos of raw opium were seized Nov. 30 in Pyin-Oo-Lwin Township. (NLM 12/12)

Dec. 15: During November 1995, the Tatmadaw seized 32.9 kilosof opium and 0.02 kilo of heroin. The Police (MPF) seized 5.8 kilosof heroin (112 cases), 60.6 kilos of opium (24 cases), 2.6 kilos ofmarijuana (13 cases), 338.5 litres of Phensedyl (14 cases), 0.1 kiloof khat-pon (2 cases), 2.8 kilos of liquid opium (1 case), 1.7 kilosof opium residue, 4.4 kilos of heavy opium solution (3 cases), 0.01kilo of dried opium (1 case), 3.2 kilos of opium block (2 cases), 102gallons of acetic anhydride, and 2.5 kilos of opium dust (2 cases).There were 99 cases of failure to register for treatment and 5 otherdrug-related cases. The Police took action against 377 persons in 279cases. "Among the MPF seizure, the MPF together with Tatmadaw-men"seized 2.7 kilos of heroin (6 cases), 49.6 kilos of opium (5 cases),241.3 litres of Phensedyl (3 cases), and 102 gallons of aceticanhydride (1 case). (NLM 12/16)

Dec. 16: 0.09 kilo of heroin was seized Dec. 5. in Muse, on theperson of Maung Htu Shun, "who came from Kyai Khaung of ...China toMung Wain Village to sell heroin." (NLM 12/17)

Dec. 27: 373 bottles of Phensedyl were seized Dec. 22 in KalayTownship. (NLM 12/ 28)

Dec. 28: 710 acres of poppy plantations were destroyed Dec. 21-25 in Pinlaung Township. (NLM 12/29)

Dec. 29: 0.8 kilo of heroin was seized Dec. 23 in PazundaungTownship, Yangon, along with jewellery and cash. Two cars wereconfiscated. (NLM 12/30)Marriage

Dec. 10: Dr. Myint Aung (a) Richard, M.Med.Sc.(Ortho.), son ofU Em Lwin and the late Daw Aye, and Yin Yin Aye (a) Jamie B.Com.C.P.A.(Cal.), daughter of U Htein Lin and Dr. Kyin Kyi Sein, weremarried in Yangon. (NLM 12/12)Obituaries

[English language obituaries only; there are obituaries inBurmese as well.]

Dec. 1: Capt. Suleman (BC/3816) died, aged 70 [remainder ofobituary in Burmese]. (NLM 12/3)

Dec. 2: Victor Thomas, younger brother of Rev. J.J. Andrews,died in Yangon, aged 70. [Lutheran] (NLM 12/2)

Dec. 5: Mr. Man Bahadur Vohra, husband of Mrs. Nanda Devi,father of Mrs. Par Vati Devi (GS Sharma, President, All Myanmar HinduCentral Board),...uncle of...Mr. Sher Bahadur Deuba (Prime Ministerof the Kingdom of Nepal) + Mrs. Ruby Rana...died in Yangon, aged 80.[Hindu] (NLM 12/6)

Dec. 7: Mr. Norman Ngoon Ray Zahau, Administrative Officer(Embassy of Japan, Yangon), husband of Daw Kyi Han, died in Yangon,aged 55. [Christian] (NLM 12/8)

Dec. 8: Pianist Sagaing Hla Shwe, husband of Daw Hintha Kyi, apopular musician who also wrote over 500 articles on music, died,aged 75. [article] (NLM 12/ 11)

Dec. 11: Mrs. Ruth Mary Francis, widow of Mr. Paul Francis,died in Yangon, aged 92. [Christian] (NLM 12/12)

Dec. 21: U Kin Maung Bo, Retired Chief of Naval Staff, husbandof Daw Khin Khin Nyunt (Margery), died in Yangon, aged 79. (NLM12/23)

Dec. 21: U Tin Maung Nyunt (a) Mr. Freddy Tin Myint, son of U

Tin Myint and Daw Nyunt Nyunt (USA)...elder brother of Mr. Michael E.Lott and Shelly Lott (USA)... uncle of Susan (USA), Coroline (USA),Erika (USA), Dawn Tin Myint (USA), Judy Tin Myint (USA)...died inYangon, aged 51. (NLM 12/23)

Dec. 27: Hill Missionary Sayadaw Abhidhaja Agga Maha SaddhammaJotika Bhaddanta Uttamasara, vassa 66, of Lumpi Tawya Kyaung, FalamTownship, Chin State, died in Mandalay, en route to Yangon formedical treatment, aged 86. [news article] (NLM 12/28)

Dec. 28: Daw Kyin Kyin Naing, B.A. (History), wife of Dr. A.R.Chanda (a) U Hla Myint, died in Yangon, aged 59. (NLM 12/ 29)

Dec. 29: Dr. P Banerjee (a) U Kyaw Yin, husband of Mrs. GeetaBanerjee, father of...Dr. Tapan Banerjee MBBS (Yng) USA... died inYangon, aged 67. [Hindu] (NLM 12/ 30)

Dec. 29: Rev. Dr. Hau Lian Kham, Senior Pastor, Grace Assemblyof God, Principal, Evangel Bible College, husband of Dr. Daw Hau LunCing, died in Thingangyun. [Christian] (NLM 12/31)Earthquakes

Dec. 4: An earthquake of strong intensity (6.5 Richter) wasrecorded at 00:41:06 local time, with epicenter 2,821 miles NE ofYangon. (NLM 12/5)

Dec. 22: An earthquake of moderate intensity (5.0 Richter) wasrecorded at 23:02:05 local time, with epicenter 330 miles NW ofYangon. (NLM 12/23) -----SUBSCRIPTIONS & RENEWALS

ATT: Burma Press SummaryCenter for East Asian & Pacific StudiesUniversity of Illinois, Urbana-Champaign

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Editorial correspondence, and requests for full texts ofarticles, should be sent to:Hugh C. MacDougallGlimmerglass Cottage8 Lake Street Cooperstown, NY 13326-1016Burma Press Summary No. 106, Dec. 1995